Privacy Policy

This Privacy Policy (“Policy”) governs the collection, management and disclosure of personal information that Phat Rabbit (“We”, “Us” or “Our”) collects through The Pot and Planter website (“Website”) accessible at www.thepotandplanter.co.za. We respect your rights to responsible management of your personal information under the Protection of Personal Information Act 4 of 2013 (“the Act”). For the purposes of this Policy, personal information is defined in accordance with the definition provided in the Act (“Personal Information”). Use of the Website, including engaging in ecommerce activities such as the purchasing of Nerf Merchandise and/or entering official Nerf competitions and/or activities (“Services”) is subject to this Policy. By using this Website and associated Services, users (“you” or “your” may be used interchangeably with “User”) signify consent to processing of Personal Information in accordance with this Policy. In the event that the User is providing personal information of a minor child, You affirm that You are such child’s parent or guardian and You consent to processing of such information. We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised policy and any subsequent activity in relation to the Website shall be governed by such amended terms and conditions of usage. If the User does not agree with any term in this Policy, please do not use this Website or submit any personally identifiable information through this Website.
If You do not agree to the Terms of this Policy, please do not use the Website or Services.
This Policy was last revised on 18 March 2021.
You are advised to regularly check the Website for any amendments or updates.
Enquiries: hello@thepotandplanter.co.za

1. Personal Information Collection and Use
1.1. We and/or Our authorised agents and/or Our representatives may collect, process, and store certain Personal Information from You in connection with Your use of the Website and/or the Services provided to You by Us.

1.2. Users’ Personal Information will not be shared, sold, rented or disclosed other than as described in this Policy.

1.3. This Policy meets the requirements of notification and collection as per the Act.

1.4. For the purpose of this Policy, Personal Information is defined in accordance with the definition in the Act. Generally, such information is information that can be used to personally identify You. In particular, however, We may collect information from Users (i.e. from parents themselves or on behalf of minors with consent from their parents or guardians, and/or other Users), for the purpose of allowing You to shop online for Pot and Planter Merchandise (“Goods”) as well as participate in official competitions and/or activities, such as:
1.4.1. first name and surname,

1.4.2. address,

1.4.3. email address,

1.4.4. telephone and/or cellphone number,

1.4.5. name of organisation,

1.4.6. location information,

1.4.7. any additional information necessary to deliver our Services,

1.4.8. details of responses to Your enquiries and any online communications between Us and You, and

1.4.9. any unsolicited information provided to Us that We could have otherwise lawfully collected.

1.5. We collect Personal Information from the following persons:
1.5.1. natural persons over 18,

1.5.2. natural persons under the age of 18 with the consent of the parent or legal guardian (a “Competent Person”),

1.5.3. juristic persons duly represented by a representative,

1.5.4. Website visitors, and

1.5.5. people who send enquiries or requests to Our contact email address.

1.6. As a Competent Person, in the case of a minor, you consent to the collection, processing, sharing and storage of Personal Information for the purpose of adding such information to the Website so the minor can participate in the activities of interest and Services as provided for on the Website.

1.7. Should the information We collect personally identify You, or You are reasonably identifiable from it, the information will be considered Personal Information.

1.8. You consent to the receipt of direct marketing communications regarding all future business activities and news.

1.8.1. Consent to receive direct marketing communications can be revoked at any time by contacting Us via email at hello@thepotandplanter.co.za.

1.8.2. We do not specifically market to children under 13.

1.9. We use online forms to collect Personal Information. By submitting Your Personal Information or in the event that You are submitting Personal Information of a minor child, You affirm that You are such child’s parent or guardian and, You expressly consent to the collection, processing, sharing and storage of Your Personal Information as defined in this Policy.

1.10. We may also automatically collect and store non-personally identifiable information related to Your use of the Website. Non-personally identifiable information may include Personal Information that has been aggregated.

1.11. Your Personal Information is used for the following:
1.11.1. to enable ease of use of the Website;

1.11.2. For Direct Marketing Purposes

1.11.3. to fulfil and manage purchases, orders, payments, refunds and other transactions related to the Website and/or Services;

1.11.4. to administer competitions and/or promotions entered into by You;

1.11.5. to process and respond to any complaint made by You;

1.11.6. to engage in electronic communications and transactions with You;

1.11.7. to update Our records;

1.11.8. to keep Your contact details up to date;

1.11.9. to compile anonymous statistical data and analysis for use internally or with third parties;

1.11.10. to create and manage your account;

1.11.11. to email You regarding your account or order;

1.11.12. to resolve disputes and troubleshoot problems; and

1.11.13. to respond to product and customer service requests.

1.12. We use cookies or other tracking technologies to collect information such as the pages You visit or the information You request. The information collected is kept confidential. The use of tracking technologies enables Us to keep track of products You view and/or Services You request, so that We may provide You with further information.

1.13. Personal Information is automatically collected in relation to Your visit to the Website, such information includes but is not limited to:
1.13.1. Your browser type and version,

1.13.2. Your device type,

1.13.3. Your operating system,

1.13.4. Your IP address, and

1.13.5. Your geo-location.

1.14. We use Google Universal Analytics, which supports data collection without browser cookies. It helps Us to understand User interaction with Our Website and implement changes that evolve the Website to suit Your needs.

1.15. The Website hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. Such information collected is for aggregate purposes only and cannot be used to identify You personally.

2. Consent To Process Personal Information
2.1. By using Our Website and/or Services, You represent that You are of the age of 18 or older or where You are under 18, a Competent Person has given consent to allow You to utilise this Website and/or engage in the Services. In the event that You are providing Personal Information of a minor child, You affirm that You are such child’s parent or guardian with the requisite authority to provide such information and You consent to the processing of such information. This consent is effective on access and use of the Website and/or Services.

2.2. You understand that such consent to the processing of Your Personal Information by Us pertains to access and use of the Website as well as the provision of the Services. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.

2.3. You expressly consent to Us retaining Your Personal Information once Your relationship with Us has been terminated for: aggregate, statistical and reporting purposes.

2.4. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Us to remove and/or delete Your Personal Information entirely, You must notify Us via email at hello@thepotandplanter.co.za.

2.5. Personal Information may be processed by Us in the country where it was collected.

3. Handling Of Personal Information
3.1. We endeavour to comply with all laws and regulations applicable to and pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Act. We apply the principles of protection of Personal Information under the Act as well as further legislation referred to in the Act.

3.2. You may request access to any Personal Information We hold about You at any time by contacting Us via email at hello@thepotandplanter.co.za.

3.3. We seek to ensure the quality, accuracy and confidentiality of Personal Information in its possession.

3.4. The User has the right to correct and update Personal Information as well as to revoke consent to the processing of Personal Information by Us. The User, however, understands that We require Personal Information to render Services and should the User decide to revoke consent We may not be able to provide the User with such Services.

3.5. There may be instances where we cannot grant You access to the Personal Information We hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, We will give You written reasons for any refusal.

3.6. We will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server, the installation of web security tools, regular website and file backups, as well as additional website updates.

3.7. Should an unauthorised person/s gain access to Your Personal Information We will contact You within a reasonable time to inform You of the security breach.

3.8. As Our Website is linked to the internet, and the internet is inherently insecure, We cannot provide any assurance regarding the security of transmission of information You communicate to Us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to Us online is transmitted at Your own risk.

3.9. We will not sell, exchange or transfer Your Personal Information to any third party except as required in the provision of the Services and in accordance with the consents provided by You.

3.10. We will make amendments and/or updates to this Policy on occasion. Amendments made to this Policy shall become immediately effective. We encourage You to periodically review this Policy to keep informed about how We are protecting Your Personal Information. You can find the last date of change made to the Policy above for Your reference. Your continued Use of the Website is evidence of Your acceptance of this Policy and any updates made to it.

3.11. The Website may contain links to other websites. We are not responsible for the privacy practices of third party sites.

4. Disclosure Of Personal Information
4.1. Records relating to the provision of Services by Us to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Our operational purposes and/or for production as evidence by Us in legal proceedings.

4.2. We may disclose Your Personal Information to:
4.2.1. Our employees to enable Us to operate Our business;

4.2.2. fulfil requests by You, and to otherwise provide information and/or products and/or Services to You;

4.2.3. any organization or party for any authorised purpose with Your express consent.

4.2.4. We may further disclose Your Personal Information under the following circumstances:
4.2.4.1. To comply with the law or with legal process;

4.2.4.2. To protect and defend Our rights, equipment, facilities and other property;

4.2.4.3. To protect Us against misuse or unauthorised use of the Website and/or products and/or Services; and/or

4.2.4.4. To protect other Website Users or third parties affected negatively by Your actions in use of the products/Services and/or the Website.

4.2.5. Personal Information is stored on servers inside of South Africa. You hereby provide Us with Your consent to store Your Personal Information inside of South Africa.

4.2.5.1. We may share Personal Information with entities that are based overseas (“Overseas Recipients”). We cannot guarantee that any such Overseas Recipients will comply fully with Our privacy principles in relation to Your Personal Information. Notwithstanding the foregoing, We undertake to take all reasonable steps to ensure that any such Overseas Recipients are bound by terms and conditions substantially similar to those contained in this Policy. By continuing to use the Website, You acknowledge and consent or where you are under 18, a Competent Person has given consent, in respect of the aforementioned transfer of Your Personal Information to any such Overseas Recipients on these terms as permitted by Our privacy principles and agree not to hold Us liable in this regard.

4.2.6. We have placed security safeguards to protect Your Personal Information through agreements concluded with third party service providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.

4.2.7. Should an unauthorised person/s gain access to Your Personal Information We will contact You within a reasonable time to inform You of the security breach.

5. Use of the Website and Services by children
5.1. This Website is accessible to children under the age of 18.

5.2. We require children to consult with their parents and guardians before providing Personal Information. We also encourage parents and guardians 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 Personal Information without parental permission.

5.3. We encourage parents and guardiansto talk to their children about the use of the Internet and information they disclose to websites.

6. Objections, Complaints And Queries
6.1. Should You have any questions about this Policy, or require a correction to be made to Your Personal Information that We keep on record, or a copy of the record itself, or should You feel that You would like to object to the collection, use or processing of Your Personal Information by Us or that You would like Us to delete Your personally identifiable information, then kindly send an e-mail to hello@thepotandplanter.co.za. We will endeavour to make the correction, provide You with the record (We reserve Our right to charge a small fee in this case), cease processing of Your Personal Information and/or delete it, in accordance with Your request.

6.2. We will treat Your requests or complaints confidentially.