1.1 Tuning Fork Proprietary Limited with registration number 2010/001048/07 ("the Company" and/or "World of Yamaha") manages and operates www.linexyamaha.co.za and www.worldofyamaha.co.za ("the website") and our outlets. World of Yamaha respects the privacy of its users and is committed to protect it in all respects with a view to offer the best and most enriching experience to our users and customers.
1.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymized information.
2.1 By using the website or our services at our outlets to purchase products and/or services, you (interchangeably referred to as "the user") hereby explicitly and unambiguously consent to the collection, use and transfer, in electronic or other form, of your personal data as described in this document by World of Yamaha.
2.2 You understand that World of Yamaha, the website and its Partners hold certain personal information about you, including, amongst others:
2.2.3 Residential and postal address;
2.2.4 Date of birth;
2.2.5 Contact numbers; and
2.2.6 Email address.
2.3 You further understand that World of Yamaha and its partners will transfer data among themselves for purposes of implementation, administration and management of the user's participation on the website and outlets when offering you services and/or products.
2.4 You hereby authorize World of Yamaha to receive, possess, use, retain and transfer such data as may be required for the administration of the website and offering services and/or products to you.
2.5 You may withdraw consent at any time by using the unsubscribe link in the footer of any email or by sending an email to firstname.lastname@example.org
2.6 Where we have processed personal data on the lawful basis of consent, you may have the right to withdraw this consent. However, this will not affect the lawfulness of processing based on consent before its withdrawal.
3 USER INFORMATION
3.1 To avail certain services and products on our website or at our outlets, users are required to provide certain information for the registration process that may include but is not limited to your name, your surname, email address and, in relation to the website, a password.
3.2 World of Yamaha may use your personal information to confirm that your orders have been received; to validate you as a customer when using our services; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups, to offer our products to you, and –
3.2.1 in relation to the ordering, sale and delivery of Products;
3.2.2 to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3.2.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
3.2.4 to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.
5 LINK TO THIRD PARTY WEBSITES
5.2 When World of Yamaha presents information to its advertisers for marketing purposes, it is usually in form of aggregated statistics on traffic to various pages within our website. Once registered with us, we may contact you from time to time to update you on the personal information you provide us to enable us to provide features that may benefit you.
6 INFORMATION SHARING
6.1 World of Yamaha will not disclose your personal information to any third party other than as set out below:
6.1.1 to our employees and/or third parties who assist us to interact with you via our Website or outlets, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
6.1.2 to our divisions, affiliates and/or partners (including their employees and/or third party Yamahas) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
6.1.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
6.1.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
6.1.5 to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement.
6.2 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, World of Yamaha is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
6.3 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
7 UPDATING AND ACCESSING YOUR PERSONAL INFORMATION
7.1 When you as the user use our website or make use of our outlets, we undertake to provide you with access to your personal information and provide mechanisms that any personal information found to be inaccurate or incomplete could be corrected or amended as feasible subject to any requirement or rule for such personal information to be retained by law.
7.2 Prior to the amendment, correction or removal of the user's personal information, we require the user to identify themselves and to identify the portion information requested to be amended, correct or removed. A request for the amendment, correction or removal of personal information may be declined if the process of the request is unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others or would be impractical.
7.3 The services of access and correction of personal information is done free of charge, except to the extent that it would require disproportionate effort by World of Yamaha. Once personal information is deleted, residual copies of the information may take a period of time before they are deleted from our servers and may remain in our backup systems.
7.4 It is important that any information you provide directly to us is accurate and correct. Please let us know as soon as you can if any information we hold about you is no longer correct.
7.5 Providing false or inaccurate information in order to obtain a product or service may also result in services being restricted or cancelled.
8 INFORMATION SECURITY
8.1 World of Yamaha will take reasonable and appropriate 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;
8.2 provide you with access to your personal information to view and/or update personal details;
8.3 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.4 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
8.5 whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
8.7 All information obtained by World of Yamaha is stored on a dedicated servers within the borders of South Africa. The server is secured behind a firewall and access to the server is password protected and strictly limited. Notwithstanding this, no security measures or systems are impenetrable. We cannot make any guarantees against data breaches.
9 YOUR RIGHTS AS A DATA SUBJECT
As a data subject, you have a number of data privacy rights. These rights include the right to request from World of Yamaha access to, correction or deletion of your personal data or restriction of processing concerning your data or to object to the processing of your personal information. All the rights of a data subject are contained in the Protection of Personal Information Act 4 of 2013. The information on these rights can be found at the Information Regulator's website at https://www.justice.gov.za/inforeg/, to whom you have the right to make a complaint, if we do not resolve your complaint.
10 DATA RETENTION
10.1 We will not retain your personal information for longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.2 We may also retain your personal information to the extent and duration that we have a legitimate interest to process your personal information depending on, amongst others, the nature and lifespan of the goods purchased from us.
10.3 We will upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
World of Yamaha will only send you direct marketing when you have either provided consent or where we believe we can demonstrate a legitimate interest and have balanced this with your interests and privacy. You have the right to opt out of receiving direct marketing at any time by following the appropriate channels, e.g. you may click an unsubscribe box on our email communications.
12 COMPLAINTS AND GRIEVANCES
12.1 Any complaints or concerns with regards to content or to report any contraventions of laws or breach of these terms may be directed to our designated Deputy Information Officer Kim Hudson Piccione ("the Information Officer") –
via post: 19 Eastern Services Road
via email: email@example.com
12.2 If we do not manage to resolve your complaint you may also lodge a complaint to the office of the Information Regulator at https://www.justice.gov.za/inforeg/.