Ocean Dune Retail services, including (without limitation) our website, other interactive properties, as well as the day-to-day, in-person operations through which the services are delivered (collectively, the “Services”) are owned, operated and distributed by Ocean Dune Retail (referred to in this Privacy Notice as “Ocean Dune Retail” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Ocean Dune Retail may collect, how Ocean Dune Retail uses and safeguards that information, and with whom we may share it.

 

Ocean Dune Retail encourages our employees, contractors, contingent workers, and job applicants to read this Privacy Notice, which applies to all staff members (“Staff”). By submitting personal information to Ocean Dune Retail, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Ocean Dune Retail may collect, process, transfer, use, and disclose your personal information as described in this Notice.

 

Your relationship with Ocean Dune Retail may also be governed by a separately executed agreement, and nothing in this Privacy Notice shall modify that agreement except for the subject matter contained herein. Finally, this Privacy Notice may be presented in a non-digital, paper format, which you may be asked to acknowledge or consent to. Such paper format is a compliant mechanism for presenting the information contained herein.

 

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

 

The personal information that we collect directly from Staff includes the following categories:

• Name and contact information (e.g. address; phone number; email, fax);
• Personal information (e.g. date of birth, marital status, birth place, race, gender, preferred language);
• employment, performance, compensation, and benefits (e.g., hire date, adjusted service date, employee identification number, job title, attendance, department, supervisor, work site, objectives, projects, performance reviews, performance and leadership ratings, salary, bonus, long term incentives, awards, retirement, family member/dependents names and dates of birth);
• education and training (e.g., education level, field and institution; competency assessments; professional licenses and certifications; training courses);
• certain limited health information as may be required for employment purposes.
• national identification number, passport number, government identification, driving license.
• bank account information and / or credit card information.
• employment history and letters of recommendation.
• work restrictions and accommodations.
• agreements that you enter into with Ocean Dune Retail;
• computer or facilities access and authentication information.
• computer and device activity when on Ocean Dune Retail owned or issued devices.
• grievance resolutions;
• photographs and other visual images of you;
• Contact information for family members and/or emergency contacts;
• Other information that may be exchanged in the course of engaging with the Ocean Dune Retail for employment purposes. You will be aware of any subsequently collected information because it will come directly from you.

 

What are the sources of personal information collected by Ocean Dune Retail?

When providing personal information to Ocean Dune Retail as described in this Notice, that personal information is most commonly collected directly from you, and you will know the precise personal information being collected by us.

 

The personal information that we collect directly from Staff is sourced from the following: website, paper records of submission, social media platforms, web applications, desktop applications, phone calls, text messages, audio and video equipment, laptops and desktops, and mobile phones.

 

In certain limited circumstances, third-party service providers may collect information on behalf of Ocean Dune Retail, though such collection will always be within the context of your employment.

 

Why is the purpose for which Ocean Dune Retail collects your personal information?

Subject to the terms of this Privacy Notice, Ocean Dune Retail uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• determining eligibility for initial employment, including the verification of references and qualifications.
• administering pay and benefits.
• processing employee work-related claims (e.g. worker injuries, insurance claims, etc.);
• establishing training and/or development requirements.
• conducting performance reviews and determining performance requirements.
• assessing qualifications for a particular job or task.
• gathering evidence for disciplinary action or termination.
• establishing a contact point in the event of an emergency (such as next of kin).
• complying with applicable labor or employment statutes.
• compiling directories.
• ensuring the security of company-held information; and
• to create Staff accounts.
• to respond to your requests.
• to distribute communications relevant to your employment.
• in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.

 

Ocean Dune Retail does not sell, re-sell, or distribute for re-sale your personal information

 

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of personal information to Ocean Dune Retail employees, consultants, affiliates or other businesses to assist us with establishing, managing, or terminating our employment relationship with you, including parties that provide products or services to us or on our behalf or collaborate with us in the provision of products or services to you. In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. We may share Personal Information with such parties both in and outside of South Africa, and, as a result, your Personal Data may be collected, used, processed, stored, or disclosed in jurisdictions outside of South Africa as described in the International Data Transfer section of this Notice In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:

 

• Third-party vendors or service providers providing crucial services and necessary to provide the Service.
• Business partners, contractors, channel partners, or other affiliated entities.
• Government agencies or other parties in response to legal process or other requests, where permitted by law.

 

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.

 

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any Staff, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Services, or to protect any Staff or user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

 

Direct Marketing Communications

Though unlikely in the course of an employment relationship, if you sign up for certain information with Ocean Dune Retail, we may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

 

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request through to stuart@devmco.co.za, or by using the UNSUBSCRIBE link in any email communication you may have received. Further, you may express your communication preferences by:

 

• Noting your preferences at the time you register with Ocean Dune Retail for any Services, including registering through our website or mobile application;
• Logging into your account settings and updating your preferences;
• Visiting the office to update your account preferences;
• Contacting us using the contact information provided below.

 

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Ocean Dune Retail.

 

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

 

Retention of Data

Ocean Dune Retail will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

 

Ocean Dune Retail will also retain website usage data for internal analysis purposes. Website usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Websites, or we are legally obligated to retain this data for longer periods.

 

Cookies, Device Data, and How it is Used

When you use our web-based Services or applications available during your employment, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the web-based Services, and your network location. Ocean Dune Retail uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the web-based Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of web-based Services through cookies, web beacons, and other technologies:

• domain name
• browser type and operating system
• web pages you view
• links you click
• IP address
• the length of time you visit the Sites, Portals, and/or Services
• the referring URL or the webpage that led you to the Sites

 

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).

 

In addition, we may use “cookies,” clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the web-based Services, and the portion of the web-based Services you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies do not execute any code or virus and they do not contain any personal information. Cookies allow Ocean Dune Retail to serve you better and more efficiently, and to personalize your experience with the web-based Services. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the web-based Services, and to deliver content (which may include third party advertisements) specific to your interests.

 

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Services. We may permit these service providers to use cookies and other technologies to perform these services for Ocean Dune Retail. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

 

International Data Transfer

We may use third party service providers to help us deliver certain services, and it may result in the processing of personal information in data centers and locations outside of the Republic of South Africa. For example, these service providers may provide us with essential information technology or tools we use to run our business. We may permit these service providers to process our business information and/or your personal information. We do not permit these service providers to process any personal information outside of a contract, and these service providers may collect personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice as well as the laws of the Republic of South Africa as it pertains to your personal information.

 

For individuals located outside the Republic of South Africa, in particular in Switzerland, the United Kingdom and the European Economic Area (EEA), please note that Ocean Dune Retail is a South African based company. Ocean Dune Retail does not market to or solicit customers from outside the Republic of South Africa, therefore, Staff should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you are employed by Ocean Dune Retail, all information, including personal information, will be transferred to Ocean Dune Retail in the Republic of South Africa. By seeking employment or entering into an employment relationship with Ocean Dune Retail, you unambiguously consent to the transfer of your personal information and other information to the Republic of South Africa and elsewhere for the purposes and uses described in this Notice. Further, you acknowledge that Ocean Dune Retail is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws

 

South African Privacy Rights

If you are a South African resident, South Africa law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”), the Promotion of Access to Information Act (“PAIA”), as well the Consumer Protection Act. Throughout this Privacy Notice you will find information required by these laws regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with.  This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

 

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:

 

• If your personal information is collected by us;
• The specific pieces of personal information collected about you;
• The ability to correct or delete certain personal information collected about you;
• The ability to delete all the personal information collected about you, subject to certain exceptions;
• To opt-in or opt-out of direct marketing to you;
• To object to processing of your personal information; or
• Appeal any rejection of access to your personal information.

 

You may submit a request regarding your rights under POPIA or PAIA by submitting a request through stuart@devmco.co.za or by contacting us at 087 152 0888.

 

If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Ocean Dune Retail and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, and/or the contact information submitted to make the request).

 

Ocean Dune Retail does not knowingly collect or process special personal information such as your religious or philosophical beliefs, race or ethnic origins, trade union memberships, political persuasion, your criminal behavior, health or sex information, or biometric information.

 

If you have a comment, question, or complaint about how we are processing your personal information, we hope that you contact us at 087 152 0888 in order to allow us to resolve the matter. In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.

Legal Justification for Processing

Ocean Dune Retail’s legal basis under POPIA for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

 

We may process personal information because:

• We need to perform a contract with you;
• You have given us consent to do so;
• The processing is in our legitimate interest to offer the Services, when that legitimate interest is not overridden by your rights;
• To comply with the law.

 

Please note that you have the right to object or request deletion of your personal information at any time. To do so, please contact us as described in this Notice. If, however, there is a legal basis that would permit us to continue processing your personal information after such a request, we will notify you of that legal basis at the time of your request.

 

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

 

Users of the web-based logins are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the web-based Services. In order to protect you and your information, we may suspend your use of any of the web-based Services, without notice, pending an investigation, if any breach of security is suspected.

 

Children’s Privacy

The Services are not intended for children under the age of 18, and Ocean Dune Retail does not knowingly collect the personal information of children under the age of 18.

 

Changes to this Privacy Notice

Ocean Dune Retail reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Ocean Dune Retail will post the revised Notice on our website. This Privacy Notice was last modified as of 19/11/2021.

 

Contact Us

If you have any questions or comments about this Privacy Notice or the Services provided by Ocean Dune Retail, please contact us at:

PO Box 6286

Zimbali

4418

 

Devmco Offices, Ground Floor

FMI House, Ocean Dune

2 Heleza Boulevard

Sibaya, 4320

 

Tel: 087 152 0888