ABOUT THIS POLICY

This Policy describes how Ocean Basket Holdings Proprietary Limited, a company whose primary place of business is at 1st Floor Building 13, Thornhill Office Park, 94 Bekker Road, Vorna Valley Ext 60, Midrand, 1685, registered in South Africa with registration number 1997/017799/07 and its subsidiaries (hereinafter collectively referred to as “Ocean Basket”, “we”, “us” or ”our”) Processes information that we process about you.

Ocean Basket is a “Responsible Party”. This means that we are responsible for deciding how we hold and use Personal Information about you. We are required under data protection legislation to notify you of the information contained in this Policy.

This Policy applies to all Data Subjects who visit our Platforms and submit any Personal Information on our Platforms.

DEFINITIONS

For purposes of this Policy:

• “Data Subject” or “you” means any person to whom the specific Personal Information relates, as contemplated in POPIA;
• “IO” means the Information Officer of Ocean Basket, whose details are set out at the end of this Policy;
• “Platform” means we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us;
• “Personal Information” means information relating to an identifiable, living, natural person, and (where applicable) an identifiable, existing juristic person, including the name, race, gender, marital status, address and identifying number of a person, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
• “Policy” means this Privacy Policy applicable to our Processing of your Personal Information via or on our Platforms;
• “POPIA” means the Protection of Personal Information Act, 2013 and any regulations or codes of conduct promulgated thereunder;
• “Processing” or “Process” means any activity that involves the use of Personal Information. It includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
  • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  • dissemination by means of transmission, distribution or making available in any other form; or
  • merging, linking, as well as restriction, degradation, erasure, or destruction of information; and
• “Special Personal Information” means Personal Information concerning the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; or the criminal behaviour of a Data Subject to the extent that such information relates to the alleged commission by a Data Subject of any offence; or any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.

SCOPE AND APPLICATION

By submitting any Personal Information to Ocean Basket on our Platforms you provide consent to the Processing of your Personal Information as set out in this Policy.

You have the right to withdraw your consent for a specific Processing activity at any time. To withdraw your consent, please contact the IO. As soon as reasonably possible after we have received notification that you have withdrawn your consent, we will no longer Process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Please do not submit any Personal Information to Ocean Basket if you do not agree to any of the provisions of this Policy. If you do not consent to the provisions of this Policy, or parts of the Policy, you must stop using our Platforms and you may not be able to access or use our Platforms going forward.

INFORMATION WE COLLECT AND RECEIVE

In most circumstances, providing your Personal Information to us is voluntary. Sometimes, it may be mandatory to provide your Personal Information to us. If you fail to provide certain information when requested, we may not be able to perform the services you requested from us or we may be prevented from complying with our legal obligations.

We collect and receive information about you in the following ways:

Information you give us

This includes any information that you provide to us directly:

• when you register and sign-up to access and use our Platforms;
• by filling in forms or submitting any information on our Platforms;
• when you upload or download any documents or Ocean Basket’s proprietary materials on our Platforms;
• by posting comments or content on our Platforms;
• by using chat features or communicating with other users on our Platforms;
• by using our Platforms or ordering or buying food or services from our Platforms; or
• when you contact us or we contact you and you provide information directly to us.

Third party information

Where you provide us with the Personal Information of third parties, you warrant that you are authorised to do so and have taken steps to inform such third party that you have disclosed their details to us, identifying us. We will Process their Personal Information in accordance with this Policy.

Personal Information we collect

When you register on our Platforms to use our services, you will be required to provide us with the following information:

• name and surname,
• employee’s role at Ocean Basket or an Ocean Basket franchise,
• place of work;
• personal email address; and/or
• work email address;
• address;
• contact details;
• gender (optional).

Additionally, by accessing our Platforms, we will collect information by using cookies, web beacons and other technologies. Depending on how you access and use websites, we may receive:

• your log in information;
• information we infer about you based on your interaction and navigation of our Platforms;
• your device information (for example the type of device you’re using, how you access platforms, your browser or operating system and your Internet Protocol (“IP”) address);
• technical information, which may include your activity on our Platforms; and
• your location information.

Information from third party sources

We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in in other ways.

Special Personal Information

We do not process any Special Personal Information on our Platforms.

HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE

We use the information we collect and receive for the following general purposes:

• in order to provide you access to our Platforms;
• to provide services to you;
• to provide you with information about our products or services;
• to communicate with you; and
• enable us to make relevant recommendations on a personalised basis;
• targeted advertising as well as product recommendations to you;
• compile and maintain our Platforms and client database;
• register and/or authenticate users of and/or visitors to our Platforms;
• identify and take reasonable measures to prevent fraudulent use of or access to our Platforms;
• compile non-personal statistical information about browsing habits, click patterns and access to our Platforms;
• to process your payments;
• to assess and handle any complaints;
• to develop and improve our products, services, communication methods and the functionality of our Platforms.

HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE

We do not sell your Personal Information to third parties for their marketing purposes.

We may share information with:

• other companies in our group;

• Ocean Basket franchisees;

• we may disclose your Personal Information to a limited number of our employees and third party service providers (other than those whom we refer you to), whom we assist you to interact with;

• our business partners. We may share non-personally identifiable information with select business partners;

• other parties in response to legal process or when necessary to conduct or protect our legal rights; and

• companies that provide services to us. Companies that provide services to us or act on our behalf may have access to information about you (for example, the service provider for our Platforms). These companies are limited in their ability to use information they receive in the course of providing services to us or you.

• other parties that provide content, advertising services, or functionality on our Platforms. Some of the content, advertising, and functionality on our Platforms may be provided by third parties that are not affiliated with us. Such third parties include:

  • advertising providers, which help us provide ads that are tailored to users’ interests and understand how users respond to those ads;

  • Audience-measurement companies, which help us measure the overall usage of our Platforms and compare that usage to other online services; and

  • Social networking services (like Facebook, X, LinkedIn, Instagram) that enable you to register and log into certain of our services and to share things you find on our Platforms with your social network. This is only applicable if you choose to connect with a social networking service; we may provide other registration and login methods.

These third parties may collect or receive information about your use of our Platform, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected on different websites and online services. It’s important to remember that we don’t control the privacy practices of these (or any other) third-party services. So we encourage you to read the privacy policies of these services before connecting to them. These parties may be situated in a different country to you. You agree that your information may be shared with any of the abovementioned parties in another country and you consent to the cross border transfer of your information to another country, whose privacy laws may not be equivalent to the laws in your country of residence

Ocean Basket may share your Personal Information in the course of a business transfer. Where all or a part of our business is merged, sold or reorganised, Personal Information about you may be shared with the successor entity. Ocean Basket will use reasonable measures to help ensure that any successor entity Processes Personal Information in accordance with this Policy.

YOUR RIGHTS

Your use of our Platforms, followed by your submission of information to us, represents that you have consented to the Processing of your Personal Information as described in this Policy.

You have the right to withdraw your consent for that specific Processing at any time. To withdraw your consent, please contact the IO. Once we have received notification that you have withdrawn your consent, we will no longer Process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We won’t send you marketing messages if you tell us not to but we will still need to send you service-related messages.

Our Platforms uses cookies. If you wish to reject our cookies, you can configure your browser to do so.

We want to make sure that any data we hold about you is up to date. So, if you think your Personal Information is inaccurate, you may request us to correct or remove it.

RETENTION OF DATA

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy or to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

OUR COMMITMENT TO SECURITY

The security of your data is important to us. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. However, we do employ a number of safeguards intended to mitigate the risk of unauthorised access or disclosure of your information. We will do our best to protect your Personal Information and we will use up to date technology that will help us to do this. We will at all times comply with our obligation under applicable law.

TRANSFER OF DATA

We are based in and operate from South Africa. Your information, including Personal Information, may be transferred to and maintained on servers located outside of your country of residence, where the data privacy laws, regulations and standards, may not be equivalent to the laws in your country of residence.

We might transfer your Personal Information to places outside of South Africa and store it there, where our other affiliates or suppliers might Process it. If that happens, your Personal Information will only be transferred to and stored in country that has equivalent, or better, data protection legislation than South Africa or subject to the recipient being bound to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.

Your access to and use of our Platforms, followed by your submission of information to us, represents your consent to such transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

LINKS TO OTHER WEBSITES

Our Platforms may contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects Personal Information.

ACCESS TO, CORRECTION AND DELETION OF YOUR PERSONAL INFORMATION

You may request details of Personal Information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of Personal Information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold Personal Information about you may be requested free of charge. If you would like to obtain a copy of your Personal Information held by Ocean Basket, please review our PAIA Manual located at our Johannesburg office, please contact the IO and a copy is located on our websites https://www.oceanbasket.com and https://oceanbasket.co.za

You may request the correction of Personal Information, Ocean Basket holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Ocean Basket may limit the content and services made available to you or elect not to register you on our Platforms.

You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the Processing of Personal Information held about you. If you wish to exercise this right, please contact us using the contact details set out below.

You have a right to object on reasonable grounds to the Processing of your Personal Information where the Processing is carried out to protect our legitimate interests or your legitimate interests, unless the law provides for such Processing.

CHANGES TO THIS PRIVACY POLICY

We may update this Policy from time to time. Any changes that we may make to our Policy will be posted on our website and other applicable platforms and will be effective from the date of posting.

COMPLAINTS

Should you believe that Ocean Basket has Processed your Personal Information contrary to applicable laws, you undertake to first attempt to resolve any concerns with us.

If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

E-mail address:	POPIAComplaints@inforegulator.org.za
Contact number:	+27 10 023 5200
Physical address:	JD House 27 Stiemens Street Braamfontein Johannesburg, 2001

IO CONTACT DETAILS

If you have any comments or questions about this Policy or how we handle your Personal Information, please contact our IO.

Information Officer Name:	Alicia Singh-Pillay
E-mail address:	alicia@oceanbasket.com
Contact number:	+ 27 11 655 1300