INTRODUCTION

1. This Privacy Policy (the "Policy") sets out the basis on which any Personal Information (as defined in paragraph 2.1 below) that we collect from you, or that you provide to us, will be used, stored and processed by us. 
2. Please read our Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information. 
3. Any references to "we", "us" or "our" in this Policy shall be to Nano Batches Distillery Proprietary Limited, and shall include, where applicable, our affiliates. References to in this Policy shall be to any user of this Website or of our products and services, including Customers registering using the Website to access our services. 
4. We are the "responsible party" or "controller" for purposes of applicable data protection legislation in respect of all your Personal Information that you submit to us via our Website and other related URL's ("Website") and/or that may be collected by us through any correspondence and/or communication with you or during the course of the provision of our products and services to you.  
5. This Policy applies to Personal Information collected by us, whether in connection with our products and services, via this Website, online through third-party platforms which are operated by or on behalf of us, or otherwise. 
6. This Policy does not apply to the information practices of third parties (including, without limitation, their websites, platforms and/or applications) which we do not own or control or individuals that we do not manage or employ. These third-party sites may have their own privacy policies and terms and conditions and we encourage you to read them before using those third-party sites. Please note paragraph 12 below as it deals with Personal Information you submit to third parties.
7. References to "registration" in this Policy refers to registration on our Website for the purpose of accessing our products and services.

INFORMATION WE MAY COLLECT ABOUT YOU

1. For purposes of this Policy, "Personal Information" shall mean any information of a personal nature by which you can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, date of birth, gender, age, payment and/or financial details. Some of this information is specifically collected when first registering with us on the Website. 
2. When you use the Website, we may collect certain information such as your device type and make. This type of information does not identify you personally. We may also collect Personal Information that you provide to us. 
3. Most of the Personal Information we process is information that you knowingly provide to us i.e. where we collect Personal Information directly from you. However, in some instances, we process Personal Information that we are able to infer about you based on other information you provide to us (such as supporting documents) or on our interactions with you, or Personal Information about you that we receive from a third party using a process that we have told you about. For example, we may contract with third parties to support us to do credit and background checks. 
4. In particular, we may collect and process the following information (which may include Personal Information) about you ―

information that you provide to us and/or allow the Website to access;

information related to your use of our services and products, such as identification information, delivery addresses, and contact information;

information about your device's software and hardware, including your personal internet protocol ("IP") address, mobile phone number, the date and time and country of your device;

your geographic location information based on your mobile network operator's tower details, GPS (Global Positioning System) and/or WIFI communications network location;

information that we may ask you for if you report a problem with our Website;

details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access); 

information provided by you if you contact us, or if we contact you, and we may keep a record of that correspondence;

information about you when you voluntarily register with us to receive news or complete any user surveys or feedback forms; and/or

your name, email address and country of residence if you would like to receive one of our newsletters or marketing materials.

1. The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain products and services available to you and/or provide certain functionalities on the Website if you do not wish to supply such Personal Information.
2. We may use cookies to collect information about your use of our Website (technical data). For more information about how we use cookies, please see paragraph 10. 
3. We may also use third-party companies to monitor Website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
4. We only in very limited circumstances collect and process information about you which is categorised as Special Personal Information under appliable data protection laws, such as your race, ethnicity, biometric information or criminal records. Where we process Special Personal Information, we only do so where we have obtained your explicit consent or where such processing is necessary for purposes of carrying out our legal obligations and exercising specific rights in law. 
5. There may be instances in which the Personal Information that you provide to us or which we collect constitutes Personal Information of someone other than yourself. Where you provide a third party's Personal Information to us, you warrant that the information is accurate and that you have the necessary consent to share the data with us, unless you have another lawful basis for sharing the data with us. This applies to, for example, Personal Information related to your customers, directors, shareholders, and service providers.

HOW WE COLLECT YOUR Personal Information

1. We collect your Personal Information, so that we can provide our products and services to you. We only collect as much data as we need. We will always collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects your privacy and we will process your Personal Information based on legitimate grounds in a manner that does not adversely affect you.
2. We collect data in different ways on our Website, such as when you directly give us your Personal Information. This includes when ―

you visit the Website;

you provide certain Personal Information (such as your name, address, telephone and e-mail address) by filling in forms or by corresponding with us by e-mail or otherwise;

you place an order on our Website;

you sign up to our mailing list;

you request information to be sent to you; and/or 

you provide feedback to us.

1. When you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns. Through analytics, we use anonymised aggregated data such as statistical or demographic data.
2. In limited circumstances, we may collect Personal Information from third parties or if publicly available, such as from external services providers contracted by us to host or maintain certain sections of this Website. Such third parties may also include our affiliates and subsidiaries, regulatory bodies, credit reference agencies, other companies providing services to us and information we access where we make use of publicly available sources of information.

PURPOSE OF YOUR INFORMATION 

We may use the information, including the Personal Information we hold about you, for the following purposes ―

1. to verify and keep a record of your identity;
2. to facilitate your registration on the Website for purposes of our products and services;
3. to maintain your account on our Website;
4. to process and facilitate any orders you may place via our Website;
5. in the course of executing our statutory functions and to comply with our statutory obligations;
6. in connection with business transactions and services you initiate with us, such as through services requests, credit verification or other processes related to a transaction;
7. when you are requesting access to information on our record;
8. where we are legally obliged to as part of a contractual agreement, statutory measure or as otherwise required by law;
9. to ensure that content from our Website is presented in the most effective manner for you and for your computer and/or mobile device;
10. to monitor and analyse the conduct on the Website to ensure compliance with laws, reduce the likelihood of fraud and other risk-prevention purposes;
11. in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
12. to provide you with information on our Website that you request from us and/or to contact you about products and services that you request from us or to market our products and services which we feel may interest you, where you have consented to be contacted for such purposes;
13. to carry out statistical and marketing research and for forecasting;
14. to allow you to participate in interactive features of our Website, when you choose to do so;
15. to generate reports and conduct statistical analysis about the queries you make using the Website;
16. to respond to any queries you make; 
17. for sending you electronic messages (i.e. SMS and email), newsletters, press releases, event invitations and other similar communications regarding the products and services that we offer, where you have consented to such communications;
18. to notify you about changes to our Website and products and services; and/or
19. to improve the products and services we offer – for example you may be asked to complete an online survey or we may employ tools to analyse the Website to enhance our products and services.

We may also use the information provided by you to ―

enforce agreements and terms and conditions between us, monitor user activity, and more effectively manage traffic on the Website; 

provide customer services; and 

assist you with technical difficulties. 

1. We will only use your Personal Information for the purposes set out above, in accordance with our Website, as instructed by you and otherwise in accordance with this Policy, or where we are required or authorised by law to disclose your information to others, or have your permission to do so.

WHAT ARE THE LAWFUL GROUNDS THAT WE RELY ON TO PROCESS YOUR Personal Information?

1. There are six available legal (lawful) bases for collecting and processing your Personal Information. Our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
2. When we process, collect or store your Personal Information, we do so on the following bases ―

where it is necessary to process your Personal Information in connection with the performance of a contract that we have with you; 

where we are required to use your Personal Information to comply with our legal obligations, a request from a regulator or court of law or as otherwise permitted by law; 

to pursue our legitimate interest, provided that we only use your Personal Information to pursue our legitimate interests where your interests and fundamental rights or freedoms do not override those interests; and

for any other purpose that you have agreed with us where you have given your explicit consent for specific forms of processing of your Personal Information, which consent you may decline or revoke at any time.

1. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
2. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

PAYMENT INFORMATION

1. Electronic funds transfer orders are handled via our bank. 
2. When you pay for products or services, you are asked for your billing details and address. Billing information is kept safe and may be used to assist with customer service enquiries. Under no circumstances are these details disclosed to any third parties. 
3. We do not store credit card numbers or security details.

sharing of YOUR Personal Information 

General

1. We will not use your Personal Information for any purpose (other than as stated in paragraph 4 above) without your consent. We will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is ―
2. required in order to comply with applicable law, an order of court or legal process served on us; and/or
3. disclosure is necessary to protect and defend our rights or property.

Centralised Data Processing Activities

1. Like most large organisations, we have centralised certain aspects of our data processing and administration in accordance with applicable data protection laws and any other applicable laws in order to allow us to better manage our organisation. This centralisation may result in the transfer of Personal Information from one country to another or from one division in Nano Batches Distillery to another division in Nano Batches Distillery. Information may also be disclosed to our affiliates and to other institutions that we are legally required to report to.
2. We will be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees and/or third-party service providers and suppliers who assist us to interact with you via our Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information. 

Third party service providers 

1. Like many organisations, from time to time, we outsource the processing of certain functions and/or information to third parties. 
2. When we do outsource the processing of your Personal Information to third parties or provide your Personal Information to third party service providers, we oblige those third parties to (i) enter into a written contract with us, (ii) protect your Personal Information in accordance with the terms and conditions of this Policy, (iii) treat the Personal Information as confidential and not share or transfer your Personal Information to any other entity without our express written permission, (iv) adopt appropriate security measures, and (v) only use your Personal Information for the purposes of fulfilling their obligations to us.
3. We may also provide information to third party service providers who process data on our behalf to help run some of our internal business operations including email distribution, information technology services and customer services.

You understand that we may disclose or share Personal Information with third parties as outlined above to operate the Website and render our products and services. If you are concerned about these arrangements, you should not use the Website.

Legal requirements

1. On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.
2. We may also disclose data about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Policy, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or our personal safety or the personal safety of our employees, clients or the general public.
3. In any scenario, we will satisfy ourselves that we have a lawful basis to share the information and we will document our decision making. Should access to your information be requested in terms of the Promotion of Access to Information Act. No. 2 of 2000 ("PAIA"), we will notify you of such request in accordance with the terms of PAIA.
4. data retention AND STORAGE
5. We will not retain your Personal Information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period. Where your information is no longer required, we will ensure it is disposed of in a secure manner and, where required by applicable law, we will notify you when such information has been disposed of.
6. Copies of correspondence sent from the Website, that may contain your Personal Information, are stored as archives for record-keeping and back-up purposes.
7. We may store your Personal Information using our own secure on-site servers or other internally hosted technology. Your Personal Information may also be stored by third parties, via cloud services or other technology, to whom we have contracted with to support our business operations.

PROTECTION OF YOUR Personal Information

1. We recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways. 
2. We will ―

treat your Personal Information as strictly confidential;

take appropriate legal, technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

where legally required, promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information; and

upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.

1. We will notify you and any applicable regulator of a suspected breach or unauthorised disclosure where we are legally required to do so.
2. We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information on the Website is entirely at your own risk. Once your information is received by the Website, we and/or our third party service providers shall use strict procedures and security features to try and prevent unauthorised access. 
3. The Personal Information we collect from you is stored by us and/or our service providers on databases protected through a combination of physical and electronic access controls, information security technology and other appropriate administrative, technical, personnel and physical security measures. 
4. Nevertheless, such security measures cannot prevent all loss, misuse or alteration of Personal Information and we are not responsible for any damages or liabilities relating to any such incidents, to the fullest extent permitted by applicable law. 
5. Where required under applicable law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you, so that you can take the appropriate actions for the due protection of your rights.

COOKIES AND OTHER INFORMATION

1. We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Website, your browsing history, your preferences, and your username. 
2. We use cookies and similar techniques when you access our Website to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. This aggregate, non-Personal Information is collated and provided to us to assist in analysing the usage of the Website. 
3. Cookies enable us to ―

estimate our Website's audience size and usage pattern;

store information about your preferences, which allows us to customize the Website according to your individual interests;

speed up your searches; and

recognise you when you return to the Website.

1. You have the ability to either accept or decline the use of cookies on your computer. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Website. 

DIRECT MARKETING

1. We acknowledge that we may only use your Personal Information for purposes of direct marketing (such as sending you email and SMS information and newsletters) where it is permissible to do so in terms of applicable data protection legislation.
2. We may use your Personal Information to contact you and/or market our products and services directly to you if you are one of our existing clients or where we have your consent to market directly to you. 
3. If you are an existing client, we will only use such Personal Information of yours that we have obtained through the provision of our products and services to you, and only in relation to similar products and services to the ones we previously provided to you.
4. We will ensure that you have a reasonable opportunity to object to the use of your Personal Information for direct marketing purposes when we collect the Personal Information from you and in each instance where we may send you direct marketing communications. This will generally be in the form of an opt-in function and in the form of unsubscribe and opt-out functionalities. 
5. We will not use your Personal Information to send you direct marketing communications if you have requested not to receive it. If you request that we stop Processing your Personal Information for direct marketing purposes, we shall do so. We encourage you to use the forms and links provided for this purpose in the marketing materials sent to you.  

THIRD-PARTy Links

1. We may use third-party service providers to monitor our users’ interests. In addition, the Website may occasionally contain links to third-party Websites. If you click on the links to third-party Websites, you leave the Website. 
2. We are not responsible for the content of these third-party Websites or for the security of your Personal Information when you use the third-party Websites. These third-party service providers and third-party Websites may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. 
3. This Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party Websites. We recommend that when you enter a third party's Website, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information. 
4. By using this Website, you agree that we are not liable for any of the following ―

the content, security, operation, use, accuracy or completeness of any such third-party Websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party Website; 

the ownership or right of use of any licensor of any software provided through any third-party Website; 

any content featured on a third-party Website that is accessed through the links found on the Website; and/or

any failure or problem that affects the products or services of a third-party Website, for example any telecommunication service provider, internet service provider, electricity supplier, local or other authority.

1. If you choose to become a member of one our vendor’s sites, you are agreeing to disclose your email address to that vendor, being a site operator. Through Nano Batches Distillery, a site operator can choose to mail individual members, groups of members or the entire membership of the site. When you join a site operator's site and submit your email address, it is entirely at your own responsibility and Nano Batches Distillery is in no way liable for the disclosure of this information. Please review the site operator's privacy policy to see how they will treat your private details.

what are your rights and duties?

1. As a data subject, you have a number of rights, including –

Access rights: You have the right to access your Personal Information in many circumstances. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Right to rectification: You can require us to have inaccurate Personal Information corrected.

Right to erasure: You can require us to erase Personal Information in certain circumstances where there is no lawful basis for us to retain such Personal Information. Please note, however, that in some instances we must retain your Personal Information for certain periods of time as required by law. We will do so in accordance with our internal data retention and disposal practices and policies. You can request a copy of these practices and policies from our Information Officer.

Right to restrict: You can require us to restrict our processing of your Personal Information in certain circumstances. 

Right to withdraw consent: You can withdraw any consents to processing that you have given us and prevent further processing if there is no other legitimate ground upon which we can rely to process your Personal Information.

Right to complain: You can raise a complaint about our processing with the data protection regulator in your jurisdiction, or with our Information Officer.

1. If you wish to object to the processing of your Personal Information by us, you may do so in terms of Form 1 downloadable on the Information Regulator's website: https://www.justice.gov.za/inforeg/. The completed form must be submitted to the Deputy Information Officers, whose names and contact details are contained in paragraph 20 below.

Your duties

1. Duty to inform us of changes to your Personal Information: It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your working relationship with us.
2. Duty to adhere to data privacy laws: In terms of our contract or working relationship with you, we may impose certain obligations on you or you may have given certain warranties or undertakings in respect of your compliance with data privacy laws. We expect you to at all times adhere to these terms and abide by applicable law. 

AUTOMATED DECISION MAKING

We do not make use of automated decision-making or profiling.

International Data Transfers 

1. We or some of our duly appointed service providers may, from time to time, transfer, store or host your Personal Information on servers outside of your jurisdiction and store and transfer your data outside of your jurisdiction. Should your Personal Information be transferred outside your jurisdiction, we shall ensure that at least the same level of data protection will be applied in the other country where the data is being processed and/or that we and/or the service provider acts at all times in compliance with applicable privacy laws. 
2. We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information and take measures to ensure that the Personal Information handled will receive at least the level of protection as required by all applicable laws.
3. An example of where your Personal Information may be transferred to another country is where a service provider whom we rely on hosts your Personal Information in a foreign country.

CHILDREN

The Website is not intended for children and we do not knowingly or intend to collect Personal Information of children. If you are under the age of 18 (eighteen) years old do not use our Website.

GENERAL

1. You warrant that all information (including Personal Information) that you provide to us is accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle us to, among other things, terminate your use of the Website. 
2. You acknowledge that we may verify your identity and your Personal Information through an automated email verification process and/or with third party service providers.
3. It is not intended that any provision of this Policy contravenes any provision of data protection legislation which may apply in your jurisdiction. Therefore, all provisions of this Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the other data protection legislation are complied with.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Policy from time to time, and in our sole discretion. We may send you a notice regarding material changes to this Policy, but we encourage you to frequently check this Policy for any changes. Your continued use of the Website and our products and services after any change in this Policy will constitute your acceptance of such changes.

COMPLAINTS

1. You have the right to lodge a complaint in respect of our Processing of your Personal Information, and you can contact the office of the Regulator, the details of which are set out below –
2. In the Republic of South Africa:

The Information Regulator

Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, South Africa

Website: https://www.justice.gov.za/inforeg/ 

Tel: 012 406 4818

Fax: 086 500 3351

Email: inforeg@justice.gov.za

1. In the European Union:
2. Please contact the relevant Data Protection Authority.
3. Please find a list here: https://edpb.europa.eu/about-edpb/board/members_en   

HOW TO CONTACT US

If you have any questions, comments and/or requests about this Policy, please contact the site administrator at niel@nanobatches.co.za with "Privacy Policy" in the subject line.

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