Privacy Policy

1. Introduction

• Bulucchi Innovate (Pty) Ltd (“Bulucchi/ We/ Our/Us”) with trading name Panda Bear Nutrition is a private company (registration number 2015/380049/07), registered in South Africa, with its office at 2626 Shangani Drive, Waterfall Country Estate, Waterfall Drive, Midrand, Gauteng, 1686.
• We operate the website www.pandabear.health (“Website”). Except as set in this Privacy Notice, we do not share, or sell, or disclose to a third party, any personal information collected at the site.
• We sell products (“Product”) and may provide services “(Service”).
• We make use of WordPress and WooCommerce as software (“Software”).
• We respect your privacy and will protect your personal information. Bulucchi / Panda Bear Nutrition considers important and protects the privacy interests and personal information of visitors to and users of (“users/ you/ your”) the site. This Privacy Notice will help you understand our privacy practices and what Personal Information we collect, why we collect it and what we do with it.
• Our Privacy Notice has been developed to provide a framework for the appropriate level of privacy protection and represents our commitment to compliance with South African data protection legislation, to try and achieve the highest standards in protecting your personal information.
• Please read this Privacy Notice carefully to understand our privacy practises and let us know if you have any questions by submitting a request through the “Contact Us” form on our site.
• Words, phrases and expressions which are used in this Privacy Notice will have the meanings given to them in the Privacy Notice, unless it is stated otherwise.

2. Acceptance of Privacy Notice

• By submitting your details or visiting or using the site you accept this Privacy Notice and updates thereto and expressly consent to the use and disclosure of your Personal Information in the way described herein. If you object to any of the potential uses described in this Privacy Notice please do not use or register on the site.
• We review our privacy policies regularly and occasionally may need to change or update them. The most current version of this Privacy Notice will always be posted under the Privacy Notice tab of the site and will be effective from the date of posting.
• You agree that you will check the Privacy Notice from time to time. By continuing to access and/or use the site after we make changes to this Privacy Notice, you agree to be bound by the revised Privacy Notice. If you do not agree to the Privacy Notice from time to time, you should stop using the site.

3. Personal Information

• Personal information is any information that identifies or relates specifically to you, including, for example, Your name, age and identity number, your contact address, your location, your banking details, your identification number and contact numbers. In short, any information that we know about you will be regarded as your personal information.

4. Collection of Personal Information

• Personal Information may be collected by Bulucchi / Panda Bear Nutrition or on behalf of Bulucchi / Panda Bear Nutrition either from You, the documentation you provide to us or from information about you that is publicly available as well as from third parties from whom we are authorised by you or entitled by law to collect.
• We may combine Personal Information collected from all sources with other information in its possession for the purposes listed in this Privacy Notice.
• You understand and agree that when you register on and use our Sites you become a customer of Bulucchi / Panda Bear Nutrition.

5. Personal Information collected

• Personal Information you give us directly:
• When you register and create or update your Account on the Sites, we require you to provide us with basic identification and contact information which includes but is not limited to your name and surname, email address, mobile number, login name and password, delivery address, payment option, credit card details or banking information. Sometimes we may collect “special categories of Personal Information” about you with your explicit consent. This will include all information given to us in the course of your use of the Sites and Services and the purchase of Products, and any personal information you give us in your capacity as a user and our customer. We’ll use this information for purposes such as to:
• Send you information about your account and order.
• Respond to your requests, including refunds and complaints.
• Process payments and prevent fraud.
• Set up your account for our store.
• Comply with any legal obligations we have, such as calculating taxes.
• Improve our store offerings.
• Send you marketing messages, if you choose to receive them.
• If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
• We will also store comments or reviews, if you choose to leave them.
• We also collect Personal Information you provide us when you sign up for a marketing newsletter, complete a survey, enter a competition.
• Information required and given when you Contact us through the site.
• Personal Information we collect automatically:
• We collect the following information when you visit and use our Sites and Services:
• Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed.
• Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping.
• Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order.
• We receive and store certain types of Personal Information whenever you interact with us online. For example, we use cookies and tracking technologies (to find out more, see our Cookie Notice) to obtain Personal Information when your web browser accesses our Sites or advertisements and other content served by or on our on other websites.
• Transaction information – We collect transaction details relating to your use of our site and Services, Products purchased, (including the type of Services and Products you requested, date and time of the Service, and number of Products).
• Your Personal Information is also collected when you search, buy, post, participate in a contest or questionnaire or communicate with our customer service teams.
• We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
• When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation.

6. What purpose do we use your Personal Information for

• To provide you with the Services which you request.
• To verify your identity for security purposes.
• To market our site and Services, and the Products.
• In other ways naturally associated with the circumstances in which you provided the information. For example, we may use your e-mail address to send you a confirmation notice.
• To process your payments, if you purchase Products, to provide you with your order status, deal with your enquiries and requests, and assess and handle any complaints.
• To facilitate delivery.
• To process and answer your inquiries or to contact you to answer your questions and/or requests.
• To develop and improve the products, services, communication methods and the functionality of our site.
• For the purposes of competitions or promotions that you have entered.
• To communicate information to you and to manage your registration on our Sites and/or subscription to our newsletter or other communications.
• To manage our everyday business needs regarding your participation in our contests, or promotional activities.
• To authenticate the identity of individuals contacting us by telephone, electronic means or otherwise.
• For internal training and quality assurance purposes.
• To understand and assess the interests, wants, and changing needs of consumers, to improve our site, our Services, and/or developing new products and services.
• To provide personalised Services, communications and targeted advertising as well as product recommendations to you.
• If you have asked to receive emails from us, we track whether you open, read or click on the content to see what you are interested in so that we can give you more content that we think you are more likely to enjoy. We use this data to profile your likes and dislikes.
• Based on this profile information, we may also give you advertising that we think you will like and want to see as you view content from us or from our network of publishers that we advertise with.
• Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
• Your domain name and e-mail address are recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not identified in this Privacy Notice. This information is used:
• to correspond with you or deal with you as you would expect;
• in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
• to send you news about the Services or Products to which you have signed up;
• to tell you about other of our Services or Products of related web sites.
• You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies.
• We may use, transfer and share aggregated, anonymous data about our users as a group for any business purpose, such as analysing usage trends and seeking compatible advertisers and partners.

7. Who will your Personal Information be shared with

• You agree that We may disclose Your personal information to the following persons:
• to our employees and/or third party service providers, such as Delivery Agents and payment processors (including their employees and/or third party service providers), to process use of the Services by You properly and efficiently and in order for them to interact directly with You via email or mobile any other method for purposes of sending You marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving such marketing material);
• 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;
• to third party service providers for services such as payment processing, website hosting, data analysis, infrastructure provision, IT services, customer service, e-mail delivery services, and other similar services, to enable them to provide services;
• We don’t store credit card details or banking information. We make use of a third party service provider Peach Payments. When processing payments, some of your data will be passed to Peach Payments, including information required to process or support the payment, such as the purchase total and billing information. Please see the Peach Payments Privacy Policy for more details: https://support.peachpayments.com/support/solutions/articles/47001098869-peach-payments-privacy-policy
• When processing transactions, some of your data will be passed to Xero Accounting Software, including information required to process or support the transaction, such as the purchase total, invoice generation and billing information. Please see the Xero Accounting Software Privacy Notice for more details: https://www.xero.com/za/about/legal/privacy/
• Mail Chimp – When shopping, we keep a record of your email and the cart contents for up to 30 days on our server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. Read our Mail Chimp privacy policy https://mailchimp.com/legal/privacy/
• We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself). Please see Aksimet Privacy Notice for more details: https://automattic.com/privacy/
• to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any insolvency and/or similar proceedings);
• to the general public when you provide a rating or review of service received, you consent to us using that rating / review as we deem fit, including without limitation on the site, in newsletters or other marketing material. The name that will appear next to that review will be your first name and surname, as you would have provided upon registration. We will not display any of your contact details, with a rating or a review;
• To any person other than as described herein if we notify you and you consent to the sharing;
• If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used;
• to assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money;
• for re-marketing. This involves Facebook or some other supplier placing a tag or marker in order to be able to serve to you an advert for our Services when you visit some other website;
• Your Personal Information will be used by us or shared within our group of companies for internal reasons, primarily for business and operational purposes.
• As we continue to develop our business, we may sell or purchase assets, subsidiaries or business units. In such transactions, your Personal Information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice.
• If another entity acquires us, our businesses or substantially all or part of our assets, or assets related to our site and/ or Services, your Personal Information will be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.
• In the event of insolvency, business rescue or reorganization proceedings being brought by or against us, all such Personal Information will be considered an asset of ours and as such it is possible, they will be sold or transferred to third-parties.
• We will ensure that all of our employees, Delivery Agents, third party service providers, divisions, affiliates and third party business partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding obligations in relation to the confidentiality and security of your Personal Information and are restricted in their processing thereof as per this Privacy Notice.

8. Financial information relating to your credit cards

• We don’t store any credit card details or banking information. All transactions are handled by third party payment processor called Peach Payments.

9. How long do we keep your Personal Information for

• We keep information, which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
• We may keep Personal Information for longer, but only if it is relevant and necessary.

10. Access to your personal information

You may at any time request:
• confirmation that we hold your personal information;
• access to your personal information to view and/or update personal details;
• the identities or categories of third parties to whom we have disclosed your personal information; or
• that we correct or delete any personal information that is incomplete, misleading, inaccurate, excessive or out of date
• Requests must be made in writing to info@pandabear.health

11. What are your rights?

• You have the right to be provided with clear, transparent and easily understandable information about how we use your Personal Information and your rights. Therefore, we’re providing you with the information in this Privacy Notice.
• You may at all times choose to opt out of any marketing communication or newsletter. Every marketing communication sent to You will contain an “unsubscribe” link. You may also opt out by registering Your opt out on the “Do Not Contact “List held by the Direct Marketing Association of South Africa or otherwise in terms of the relevant privacy legislation. Where You have elected to opt out of any direct marketing being sent to You by advising Us, such opt out will be recorded by Us and We will no longer send direct marketing to You.
• The right to lodge a complaint with a Regulatory Authority. You have the right to lodge a complaint directly with any local Regulatory Authority about how we process your Personal Information.

12. How we hold personal information securely

• We will treat Your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Notice.
• In all circumstances the information is held by us on our web-hosting service provider secure systems. We take all reasonable and appropriate technical and organisational steps to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, misuse, unauthorised disclosure, loss, interference, destruction or damage, alteration, disclosure or access.
• Our security systems are in line with industry standards and We monitor developments to ensure that our security systems evolve, as required.
• Personal information is destroyed or anonymised when no longer needed or when we are no longer required by law to retain it (whichever is the later).
• We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
• We may store your personal information with the web-hosting service provider appointed by us from time to time. The storage may be in South Africa or in another country.
• Notwithstanding the above, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If You have reason to believe that Your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), You must immediately notify Us of the problem by contacting us at info@pandabear.health

13. Disclaimer and Indemnity

• 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 or non compliance with applicable laws.
• If you disclose your personal information to a third party, such as an entity which operates a website or mobile application linked to the site or anyone other than Bulucchi / Panda Bear Nutrition, We SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the Privacy Notice of any third party.

14. Contacting Us
If you have any questions regarding this Privacy Notice, please contact us by e-mail at hello@pandanutrition.co.za