PRIVACY POLICY

Enca Healthcare (Pty) Ltd Trading as Mapp Skin Privacy Policy in respect of www.mappskin.com

1. Introduction

1.1. This privacy policy (“Privacy Policy”) must be construed as being part and parcel of the Terms of Service (“TOS”) governing the use of the www.mappskin.com (“the Website”). Unless defined elsewhere, terms in this Privacy Policy shall bear the meaning ascribed to them in the TOS.

1.2. Enca Healthcare (Pty) Ltd Trading as Mapp Skin (“we” or “the owners” or “Enca Healthcare”)) are committed to bringing the user (“you” or “yourself” or “your”) information tailored to your individual tastes and recognises the importance of protecting the privacy of personally identifiable information collected about our users.

1.3. By adopting this Privacy Policy, we aim to balance our legitimate business interests when collecting and using your personal information and your reasonable expectation of privacy. In this respect, we will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information however we do not guarantee that your personal information shall at all times be 100% secure.

1.4. By continuing to use the Website you agree to the TOS and the provisions of this Privacy Policy.

1.5. If you have any objections to this Privacy Policy, please cease to use the Website.

1.6. By continuing to use the Website, you agree that the Enca Healthcare may collect, collate, process, and/or store your personal information (as defined in the Electronic Communications and Transactions Act 25 of 2005 (“the ECTA”)) provided by you during the registration process/payment process (“collect”) for, amongst other things, the purposes of:

1.6.1. verifying your identity;
1.6.2. providing you with access to the Website content; 1.6.3. customer relationship management; and 1.6.4. research purposes.

1.7. Enca Healthcare reserves the right to vary the terms of this Privacy policy, which will be made available on the Website. It is your responsibility to ensure that you have read and understood the most recent version of this Privacy Policy.

2. What personal information is collected?

2.1. Enca Healthcare may collect personal information that may include (with limitation), your name and e-mail address, information relating to your race, gender, ethnic or social origin, age, well-being, disability, personal opinions, views or preferences.

3. When is your personal information collected?

3.1. Personal information may be collected through various means and channels.

3.2. Some personal information may be collected when you register on the Website, during the carrying out of demographic research, or when you participate in any promotions, competitions or surveys held on the Website.

3.3. By using the Website you acknowledge that promotions and competitions on the Website may be sponsored by third parties, or may be co-sponsored by Enca Healthcare together with third parties. You agree that some or all of your personal information may be shared with such third party.

3.4. You also acknowledge that advertisers or other websites that have links on the Website may also collect your personal information. You agree that the information processing practices of those advertisers and other websites are neither under the control of the Enca Healthcare nor regulated by this Privacy Policy. It is your duty to review any third-party privacy policies or terms and conditions.

4. How your personal information is used?

4.1. The core reason that Enca Healthcare collects your personal information is to provide you with an enhanced online experience, which may include, interactive communications, online shopping and other services.

4.2. Your personal information may be used to:

4.2.1. deliver to you more relevant and targeted content and advertisements, such as banner advertisements; 4.2.2. conduct research related to demographics, interests and online habits; and 4.2.3. compile profiles for statistical purposes.

4.3. By continuing to use the Website. you agree that Enca Healthcare may trade with those profiles and statistical data. While Enca Healthcare will attempt to ensure that the profiles or statistical data cannot be linked to you, Enca Healthcare does not guarantee that third parties may not be able to link such profiles and statistical data to you. You hereby indemnify Enca Healthcare against any loss, liability, expense, claim, penalty, or damage suffered by you, whether direct, indirect, special, or consequential, arising from or in relation to any third party being able to link such profiles and statistical data to you.

5. With whom is your information shared?

5.1. While Enca Healthcare will make an effort not to disclose any of your personal information to third parties, except when we have your permission or in the legitimate business interests of Enca Healthcare, Enca Healthcare does not guarantee that your personal information will not be shared with third parties without your permission.

5.2. Your personal information may also be shared under the following circumstances:

5.2.1. where the law requires that Enca Healthcare disclose your personal information; 5.2.2. to monitor web traffic, where web servers serving the Website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors, and for traffic audits. This information (as well as information from third-party market researchers), on an aggregated, anonymous basis, is provided to advertisers advertising on the Website. Should you provide personal information online as part of an online advertising promotion or in order to access a third-party service, such information may be provided directly to the advertiser or the third party concerned; 5.2.3. Some promotions offer opportunities to request additional information from sponsors or third parties. When you request more information about a promotion, your e-mail address may be shared with the sponsor of that promotion.
5.2.4. When online shopping, if you make a purchase from an online store or merchant, the information obtained during your visit to those stores (including tracking information, cookies, credit card number, and contact information) is provided to the merchants. This is to enable transactions to take place.
5.2.5. If you expressly consent to us using your personal information for marketing purposes, you agree that Enca Healthcare may, from time to time, share your personal information with any of its affiliates, subsidiaries, holding companies, partners, or third-party providers for the purposes of sending you marketing-related announcements related to the products, goods and/or services made available by Enca Healthcare on the Website. You may at any time opt-out of receiving such marketing-relating announcements.
5.2.6. When third-party online merchants providing services in association with Enca Healthcare have separate privacy and data collection practices, you agree that Enca Healthcare has no responsibility or liability for third-party policies. For more information regarding the merchant, their store, and their privacy policies, return to that store’s home page and click on the appropriate link.
5.2.7. Your personal information may be used by Enca Healthcare for editorial purposes. For example, this may include information you provide during an online survey conducted by our editors.
5.2.8. Enca Healthcare may also disclose your personal information in special cases, where Enca Healthcare has reason to believe that such disclosure is necessary to identify, contact, or bring legal action against a party who may be breaching the TOS or may be causing injury to or interference with (either intentionally or unintentionally) Enca Healthcare’s rights or property, other users, or anyone else that could be harmed by such activities; and 5.2.9. For statistics and advertisement purposes. Enca Healthcare may perform statistical analyses in order to measure interest in the various areas of the Web Site (for product development purposes) and to inform advertisers as to how many consumers have seen or “clicked” on their advertising banners. Enca Healthcare also uses demographic information to allow advertising banners on the Web Site to be targeted, in aggregate.

6. What are cookies and how are they used?

6.1. Cookies are pieces of information a Website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry-standard.

6.2. Enca Healthcare may place a “cookie” on your browser to store and sometimes track information about you.

6.3. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please, note that some parts of the Website will not function properly if you refuse cookies. You may occasionally get cookies from third-party advertisers. Enca Healthcare does not control these cookies. The use of advertising cookies sent by third-party advertisers is an industry-standard.

7. Use of IP Address

7.1. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. Enca Healthcare also logs IP addresses or the location of computers on the Internet. Enca Healthcare collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of the Website. Enca Healthcare does not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, Enca Healthcare cannot guarantee that this will always be the case. For example, it may be necessary to identify a particular user when it is necessary to enforce compliance with the Terms of Service or to protect our service Website, customers, or other interests.

8. Security

8.1. The importance of security for all personal information associated with you is of the utmost concern to us. While Enca Healthcare exercises great care in providing secure transmission of your personal information, no data transmission over the internet can be guaranteed to be 100% secure. Enca Healthcare cannot guarantee the security of any information you transmit to, or from Enca Healthcare’s Website.

9. E-Mail

9.1. Enca Healthcare may periodically send e-mails to you about services, products, or promotions offered by Enca Healthcare and its advertisers to the e-mail address provided by you.

10. Access to and use Information

10.1. As pointed out in clause two of this Privacy Policy, we receive various types of information (“Information”) from you when you access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

10.2. We may electronically collect, store and use Personal Information, including but not limited to name, contact details, surfing patterns, email, IP address.

10.3. Whenever you are of the opinion that we fail to comply with section 51 of the ECTA, you can contact us by sending an email to hello@mappskin.com. We will review your representation made by email and, if within our sole and absolute discretion deemed advisable, take corrective action and in any event within 14 days respond to you informing about corrective action taken, if any.

Newsletter disclaimer

1. INTRODUCTION

This disclaimer governs the use of this newsletter. By using this newsletter, you accept this disclaimer in full.

2. NO ADVICE

The newsletter contains information about our current specials and promotions, skincare tips, and content from our social media platforms. The information is not advice, and should not be treated as such.

You must therefore not rely on any information in this newsletter as an alternative to legal, financial, or accountancy advice from appropriately qualified professional services.

3. NO REPRESENTATIONS OR WARRANTIES

To the maximum extent permitted by applicable law and subject to section 5 below, we exclude all representations, warranties, undertakings, and guarantees relating to the newsletter.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

That the information in this newsletter is correct, accurate, complete, or non-misleading; or that the use of the guidance in the newsletter will lead to any particular outcome or result.

4. LIMITATIONS AND EXCLUSIONS OF LIABILITY

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 below; and govern all liabilities arising under the disclaimer or in relation to the newsletter, including liabilities arising in contract, in delict (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database, or software. We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

5. EXCEPTIONS

Nothing in this disclaimer shall limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liability in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

6. SEVERABILITY

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

7. LAW AND JURISDICTION

This disclaimer will be governed by and construed in accordance with South African law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts of South Africa.

8. OUR DETAILS

In this disclaimer, “we” means (and “us” and “our” refer to) Enca Healthcare, registered in South Africa under registration number 2015/096725/07