Welcome to Defy Appliances (Pty) Ltd (“Defy”). “This Privacy Notice” describes how we Process your Personal Information, both online during your use of “our Website/s” and offline.
“Process” or “Processing” means anything that can be done with Personal Information, including its collection, usage, storage, dissemination, modification, or destruction.
“Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
All other Capitalised terms used in this document shall have the meanings ascribed to them in the Protection of Personal Information Act No.4 of 2013 as amended from time to time (“the POPI Act”).
Defy undertakes to process your Personal Information only in accordance with the conditions of lawful processing as set out in the POPI Act, the Defy’s policy on the protection of Personal Information (“the POPI Policy”) and to the extent required for Defy to discharge its legal/contractual/business obligations or to pursue its legitimate interests to perform its business on a day-to-day basis.
More information about the POPI Act can be found here.
More information about the POPI Policy can be found here. (provide a link to Defy’s policy on the protection of Personal Information)
We urge you to read this Privacy Notice in full, so as to ensure that you are sufficiently informed.
Who processes your Personal Information?
Pursuant to the POPI Act, the Defy is the Responsible Party and you are the Data Subject.
This means that Defy is responsible for deciding how the Data Subject’s (your) Personal Information is Processed. Your Personal Information, to the extent as set out herein below, is also Processed by the Arçelik Group (“the Parent Company”) and so, in this Privacy Notice, references to “we” or “us” mean Defy and the Parent Company.
More information about the Arçelik Group can be found here.
How do you contact us?
If you have any questions about how we use your Personal Information or this Privacy Notice in general, please contact us using this form.
When do we collect your Personal Information?
- When you create an account with us.
- When you enter competitions or promotions.
- When you choose to participate in any surveys we send to you.
- When you contact us with queries or complaints.
- When you visit our Website and use your account to buy products and services.
- When you visit our Website, we also capture information automatically through cookies and similar technologies. You can manage these when you visit our Website. For more information, see our “Cookies” and “Manage your cookies” sections below.
- When you contact us for after-sales services, such as service intervention or product replacements.
- When you purchase a repair and care plan policy or extended warranty, we will collect you Personal Information and to pass it on to our business partners in order to manage your policy.
- When you engage with us on social media i.e., where you submit a comment or query on one of our social media pages.
- When you have given someone else permission to share with us the information they hold about you. For example, if you purchase our products via third-party retailers or you have consented to third-party advertising or analytics cookies.
- When you fill in any forms, such as when you register your appliance with us to activate the product guarantee.
- We also collect, use and share Aggregated Data such as statistical or demographic data for various purposes. “Aggregated Data” refers to information that could be derived from your Personal Information, but that will not directly or indirectly reveal your identity i.e., aggregated data relating to all our Website visitors.
If you provide us with the Personal Information of a third parties (for example, when you lodge a complaint about a product in behalf of a family member), you must ensure that you notify the relevant third party before sharing their Personal Information with us by showing them this Privacy Notice and explaining that their Personal Information will be processed in accordance with this Privacy Notice and obtaining their consent, where appropriate.
What types of Personal Information do we collect?
The types of information we collect are set out below:
- If you purchase a product from us or you have an online account with us, we may collect the following information: your name, gender, billing/delivery address, telephone number, e-mail address, username, payment information (including card details).
- Details of your marketing preferences, including whether you are happy for us to share your details with any third-party partners.
- Details of your interactions with us when you contact us via our call centres, online, or otherwise.
For example, where you call our call centres we may collect marketing information (such as information about your habits / preferences / behaviour, and other information noted from our conversations with you), details of any complaints or comments you make, details of purchases you have made and any products which require servicing (including product code, defects found, repairs, retailer, and cost of extended warranties), and information about your personal circumstances which are relevant to our provision of services. If you are calling to request a product replacement, we may also Process your payment information. Please remember that calls to our call centres may be recorded for quality control purposes.
- Details of your purchase history, including the model and serial number of purchased products, retailers (where you did not buy a product directly from us), and date of purchase. We will also collect the contact details referred to above where you register your product for our guarantee.
- Details of your interactions with us through our social media pages. For example, where you enquire about our products or submit other comments on our Facebook wall, we may collect that comment and any Personal Information contained in that comment (i.e., your social media username and any other profile data associated with the comment).
- Copies of documents you provide to us to prove your age or identity where the law requires this. For example, if you send us a request relating to your Personal Information, we may need further information to verify your identity. We will therefore process the Personal Information contained in the identity documents you choose to provide us with.
- Information we collect through cookies and similar technologies. Information we collect automatically includes the type of web browser or mobile device, your operating system, your IP address, the URL of the landing page and the referring website, the time and date of your visit to our Website, and the search terms used by you to reach our Website. For more information, see our “Cookies” and “Manage your cookies” sections below.
- There may be circumstances where we need to process more sensitive information about you, which is known as “Special Personal Information”. For example, we may collect certain details about your health (for example, vision or hearing impairment) when we book product repairs for you, if you consider that our engineers may need this information when they visit you to carry out the repairs.
What lawful bases do we rely on for processing your Personal Information?
There are several different reasons pursuant to the POPI Act for which we may Process your Personal Information. These include:
Performing our contractual obligations. In some circumstances, we need your Personal Information to perform our contractual obligations. For example, if you buy an appliance through our Website, we will collect your address details to send you the product.
Further to your consent. This is where you have given us your consent to Process your Personal Information for a specified purpose. For example, where you tick a box to subscribe to our e-mail newsletter or direct marketing communication.
Complying with a legal obligation. If the law requires us to, we may need to Process your Personal Information. For example, to provide you with a warranty for a product you have purchased.
When Processing is necessary to pursue our legitimate interests or to protect your legitimate interest. We may process your Personal Information where it is necessary for our legitimate interests as a company and to protect your legitimate interest. For example, we will Process your Personal Information when you contact us in order respond to your queries, product-related requests (including product repairs / replacements, or refund requests), and complaints.
How and why do we Process your Personal Information?
This section tells you how and why we process your Personal Information and explains the lawful basis we rely on in each case. Please remember that if you choose not to share your Personal Information with us, we may not be able to provide the services or products you have requested.
Where applicable, we shall Process your Personal Information for below purposes, on the basis of performing our contractual obligations.
- To create and administer your online account with us.
- To process any orders that you make by using our Website/s, over the phone, or via third-party retailers. Please note that your details may need to be passed to another company to deliver the product or service that you ordered.
- To provide after-sales services, including booking and performing product repairs or returns, processing refunds, sending spare parts and accessories, and providing a warranty for products you have purchased.
- To administer any of the competitions or promotions which you have entered which are promoted by us and/or our business partners.
Where applicable, we shall process your Personal Information for below purposes, further to your consent.
- To keep you informed about our products and services by email or telephone. You are free to opt out of receiving marketing from us through any of these channels at any time.
- To share your Personal Information with our third-party affiliates and partners where you have opted in to receiving marketing communications from them.
- To process your special Personal Information for the purpose of booking engineer visits and performing product repairs.
Please note: If you have given us your consent, you may subsequently withdraw it at any time by contacting us using the details provided in the “How do you contact us” section above. This will not affect our ability to rely on your consent for any processing which took place on this basis before you withdrew your consent.
Where applicable, we shall process your Personal Information for below purposes, on the basis of complying with our legal obligations.
- To send you service-related communications which are required by law, or necessary to inform you about updates to the services we provide to you. For example, legally required information relating to your orders, product recall notices, or updates to this Privacy Notice or other terms and conditions.
- To provide you with a warranty for the product you have purchased.
- To provide you with a repair, refund, or replacement of the product you have purchased, for its lack of conformity or in case of latent / hidden defects.
- To verify your age or identity where the law requires us to do so.
- To obtain documents and information pursuant to the Financial Intelligence Centre Act No. 38 of 2001 (where applicable).
Where applicable, we process your Personal Information for below purposes, on the basis of either pursuing our legitimate interest or protecting your legitimate interest.
- To process payments and to prevent fraudulent transactions.
- To respond to your queries, product-related requests (including product repairs / replacements, or refund requests), and complaints.
Please note that we may keep a record of your correspondence with us so that we can inform any future communications and demonstrate how we communicated with you throughout the process. We may also use this information to inform our marketing strategy, such as by noting details of customer habits, preferences, and behaviours towards particular products and services.
- To send you requests for feedback and surveys and carry out market research so that we can improve our services and assess customer satisfaction.
- To create a profile of you using information we collect about you, to help personalise our products and services and our marketing communications to you.
- To deliver relevant content to you across our Website/s and to measure and understand the effectiveness of the content we serve to you.
- To administer and protect our Website/s (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data).
- To use data analytics to improve our Website/s, content, marketing, and user experience.
- To protect our business and your account from fraud and other illegal activities.
- To protect or enforce our legal rights, for example defending Defy in the case of legal disputes.
Who do we share your Personal Information with?
Defy may share your Personal Information with the third parties described below.
The Parent Company
Defy may share your Personal Information with the Parent Company, as part of its regular reporting activities on company performance and for system maintenance support or the hosting of data. The Parent Company may process some of your Personal Information for analysis and reporting purposes at a global level, based on its legitimate interests in developing the business. The Parent Company, in turn, may disclose your Personal Information to third parties (such as service providers, agents and public authorities and institutions) where it is necessary for the Parent Company to lawfully carry out its business activities in accordance with the purposes set out above and as required and permitted by applicable law.
We may disclose your Personal Information to companies that provide services to us. Examples of the types of service providers we work with include:
- IT companies that operate our Website/s on our behalf;
- delivery companies, such as couriers, that deliver our products to you;
- direct marketing companies who help us manage our electronic communications with you;
- customer services companies who operate and manage our call centres;
- payment service providers who manage our online payments, where you purchase products through our Website/s; and
- our network of engineers who provide repair services to the products and services that you have purchased from us.
Our service providers are required to keep your Personal Information confidential and are not allowed to use it for any other purpose than to carry out the services they are performing for us.
Third parties where required by law
We may disclose your Personal Information to a third party if it is necessary to comply with a legal obligation or the decision of a judicial authority, a public authority or a government body or if disclosure is necessary for national security, law enforcement or other matters of public interest.
We may share your Personal Information with our business partners for their own purposes if it is necessary for providing products and services to you.
We may also transfer your Personal Information to third parties for their direct marketing purposes, but only where you have given your consent at the time you provides us with your Personal Information.
Professional Advisors and Consultants
We may disclose your Personal to our professional advisors and consultants, such as lawyers, auditors and insurers, as necessary in the course of the professional services they provide us with.
Third Parties in Connection with a Business Sale
If we make a sale or transfer of assets or are otherwise involved in a merger or business / asset transfer, we may transfer your Personal Information to one or more third parties as part of that transaction. If a change happens to our business, the new owners may use your Personal Information in the same way as set out in this Privacy Notice.
Other Third Parties with your Consent
With your consent, we may also share your Personal Information with other third parties.
Third-party websites and content
Third parties, whose sites you may visit after clicking on a link from our Website/s, may have less stringent privacy policies. We do not have control over these sites and urge you to read their privacy statements before providing any Personal Information to such sites.
Manage your Cookies
You can change your browser settings anytime so that cookies are not accepted. You can learn more about how to block cookies by visiting http://www.allaboutcookies.org/. Please note that if you block cookies completely, many websites will not work properly and some functionality on our Sites will not work at all.
Do we transfer your Personal Information internationally?
When we share your Personal Information with third parties, as described in “Who do we share your Personal Information with?” section above, these third parties may be located outside the Republic of South Africa. Should we transfer your Personal Information outside of South Africa, we will take steps to ensure that your Personal Information will receive the same level of protection as if it was being processed within the borders of South Africa.
How long do we keep your Personal Information?
We will delete the Personal Information of Data Subjects or render it anonymous, within a reasonable time after fulfilling the purposes mentioned above, unless:
- retention of the Personal Information is required by law;
- we reasonably require the Personal Information for lawful purposes related to our functions of activities;
- retention of the Personal Information is required by a contract between the parties thereto; or
- where the Data Subject has consented to the retention of the record/s.
Further to section 14(2) of the POPI Act, we may also retain Personal Information for periods in excess of those contemplated above for historical, statistical or research purposes, as we have established appropriate safeguards against the records being used for any other purposes.
How do we keep your Personal Information secure?
We will take reasonable precautions to protect your Personal Information against loss, misuse or alteration. Among other measures, we ensure the security of your Personal Information by means of encryption, password protection and by otherwise restricting access to it.
Unfortunately, the transmission of information via the internet is not entirely secure. Although we will do our best to protect your Personal Information, as required by law, we cannot guarantee the security of your Personal Information transmitted to us using unsecured means; any such transmission is at your own risk.
You should also continue to take measures to keep your Personal Information safe and secure, such as avoiding the use of apparent or predictable user IDs or passwords, changing your passwords with regular intervals, making sure that you have not disclosed your password(s) to anyone else, and that you have not given consent to a third party to have access to your user account and Personal Information.
What are your rights relating to your Personal Information?
As Data Subject you have, under certain circumstances, by law the right to:
Request access to your Personal Information. This enables you to receive a copy or description of the Personal Information we hold about you and to check that we are lawfully processing it.
Request rectification of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you rectified.
Request destruction or deletion of your Personal Information. This enables you to ask us to delete or remove Personal Information we hold about you, where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information, where you have exercised your right to object to processing (see below).
Object to processing of your Personal Information, where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to us processing your Personal Information on this ground.
Lodge a complaint with the Regulator should you not be satisfied with Defy’s response to any of your above requests. The Regulator is an independent body established pursuant to section 39 the POPI Act. You can find more information about the Regulator and the contact details thereof at https://www.justice.gov.za/inforeg
Who do you contact to exercise your rights?
Pursuant to sections 55 and 56 of the POPI Act, Defy has appointed an Information Officer to discharge the following duties:
- encouraging compliance, by Defy, with the conditions for the lawful processing of Personal Information;
- dealing with requests made to Defy pursuant to the POPI Act; and
- working with the Regulator on investigations conducted pursuant to the POPI Act.
Should you therefore want to exercise any of your above-mentioned rights or have any question/s about how we process your Personal Information or about this Privacy Notice in general, please use the form as provided in the “How do you contact us” section above or e-mail Defy’s Information Officer on firstname.lastname@example.org
Defy’s Information Officer will consider all requests received and provide feedback to Data Subjects. For the avoidance of any doubt, it is recorded that despite a Data Subject’s request for Personal Information to be destroyed or deleted, Personal Information will only be destroyed or deleted when Defy is no longer authorised to retain such records, pursuant to section 14 of the POPI Act.
Appendix A – Cookie Notice
What are cookies?
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone, or other electronic device) when you use our Website/s. A cookie file is stored in your web browser and allows us or a third-party to recognise you and remember things like your personalised details or user preferences. They also help us learn more about how you use and access our Website/s so that we can make improvements and update features.
Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your device when you go offline, while session cookies are deleted as soon as you close your web browser.
Types of cookies
The cookies we place on your device fall into the following categories:
Strictly necessary cookies. These cookies are necessary for our Website/s to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of our Website/s may then not work. These cookies do not store any personally identifiable information.
Functional cookies. These cookies enable our Website/s to provide enhanced functionality and personalisation. They may be set by us or by third party service providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
Performance cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Website/s. They help us to know which pages are the most or least popular and see how visitors move around our Website/s. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our Website/s and will not be able to monitor their performance.
Targeting cookies. These cookies may be set through our Sites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store direct Personal Information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Third party cookies
All of the cookies described so far in this Cookie Notice are “First Party Cookies”, which means they are set and controlled by us. Occasionally, third parties may set cookies on our Website/s which we do not control. These are called “Third Party Cookies”. This will happen where, for example, we have included embedded content on some pages of our Website/s. When you visit a page with embedded content, the third-party service provider may set its own cookies on your web browser.
This also applies if you choose to connect with our social media accounts by clicking on one of the social media buttons on our Website/s, as you may be sent cookies by these websites.
Please note that we do not control these cookies and cannot access them. Cookies can only be accessed by the party who originally set them. You should therefore check the third-party websites for more information about these cookies. We have listed some of these providers below and included a link to their privacy policies:
How to manage cookies
You can change your browser settings anytime so that cookies are not accepted. You can learn more about how to block cookies by visiting http://www.allaboutcookies.org/. Please note that if you block cookies completely, many websites will not work properly and some functionality on our Website/s may not work at all.