This privacy policy (“the Policy”) describes the policy of Westfalia Fruit (Pty) Ltd, a comapny incorporated in South Africa with its registered office address at 9 Eton Road, Parktown, South Africa 2193 and its subsidiaries and related companies (“Westfalia Fruit”) in relation to its website: westfaliafruit.com (“the Website”) regarding the collection, use, storage, sharing and protection of personal information collected on the Website.

This Policy applies to the Website and all related websites, applications, services and tools regardless of how you access the Website, including access through mobile devices and or any other devices.

By using the website and related services, you give explicit consent to the Westfalia Fruit for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy. We may change this Privacy Policy from time to time.

 

1. Collection of Personal Information

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

• information we collect automatically when you visit our website, use our services, and/or reply to advertisements or other content. This information includes, but is not limited to:
• information from your interaction with our Website and services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referring URL, ad data, IP address and standard web log information;
• information we collect through cookies, web beacons and similar technologies.
• information you provide to us: we collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:
  • information that you provide to us when you register for an account or for the services that you use;
    additional information that you may provide to us through social media sites or third-party services;
  • information provided in the context of dispute resolution, correspondence through our website, or correspondence that is sent to us;
  • information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device; and
  • information from other sources: we may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

 

2. Use of Personal Information.

You agree that we may use your personal information (see above) for the following purposes:

• to provide you access to our services by means of e-mail or telephone;
• to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use;
• to personalise, measure and improve our services, content and ads;
• to contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our services and the services of companies that are part of Westfalia Fruit for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), or for any other purposes as set forth in this Privacy Policy;
• to provide you with other services that you have requested, as described when we collected the information.

 

We may offer sign-on services that enable you to access the Website or related websites with your login credentials. We can also offer services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter. If you provide us access to personal information stored on third party websites, the scope of access to this personal information shall vary per website and will be determined by both your own browser settings and your consent. If you wish to connect your third party account to your account with us and you consent to us accessing the information in these third party accounts, you agree that we can collect, use and store information from this third party website in accordance with this Privacy Policy.

We may disclose your personal information to third parties in accordance with this Privacy Policy and applicable legislation and regulations. We will not disclose your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

• The Hans Merensky Holdings (Pty) Limited group of companies to provide joint content and services (such as registration and customer support), to prevent, detect and investigate possible illegal activities, violations of our policy, fraud and/or data security breaches, and to support decision making on products, websites, applications, services, tools and communication. The group of companies will only use this information to send you marketing messages when you yourself have requested their services, and they will use your personal information in accordance with their respective privacy policy;
• service providers with whom we have entered into an agreement to help us provide our services on the Website, such as financial service providers, marketing agencies and technical support. In such cases, the personal information shall remain under the control of Westfalia Fruit;
• certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy;
• other third parties to whom you have given consent to share your information via [same as above], e.g. in the framework of a cooperation;
  companies that we intend to merge with in the context of a reorganization or that acquire us;
• an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser.

Without limitation to the foregoing, we shall moreover in our efforts to respect your privacy and to keep the website free of malicious persons or parties not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.

 

3.​ Protection and Retention of your Personal Information.

We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

 

4. Cookies

When you use our services, we and our service providers may place cookies (data files on your phone or mobile device’s drive) or web beacons (electronic images that are placed in a web page’s the code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website. You expressly give your consent for us to monitor your internet and e-mail traffic on our various website servers and domains. You acknowledge that Westfalia Fruit monitors internet and e-mail traffic on these various website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these Terms of Use. Westfalia Fruit also monitors the Website to maintain the integrity and security of the Website and information technology systems; to investigate and detect any unauthorised use of the Website and to secure the effective operation of its information technology systems.

 

5. Other information

We do not tolerate abuse of our Website. Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. We have no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you.

 

6. TERMS OF USE

Use of this Website is entirely at your own risk. This website (www.westfaliafruit.com) is made available to you by Westfalia Fruit conditional upon your acceptance, without modification, of these Terms of Use as amended from time to time. The terms and conditions set out below apply to every person who uses, accesses, refers to or views this Website (“you” or “your”). Your access to and use of this website constitutes your agreement to and acceptance of these Terms of Use.

You hereby warrant to Westfalia Fruit that you have the required legal capacity to enter into and be bound by a contract. Minors must be assisted by their legal guardians when reading these terms and conditions. If you are unsure whether you have the legal capacity to enter into contracts, please ask someone to assist you with this information before continuing to use this website. If you do not agree with any provision contained in these Terms of Use, please stop using or accessing this website immediately.

 

7. Definitions

The following terms shall have the corresponding meanings assigned to them:

“Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Westfalia Fruit on or in connection with this website;

“Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Westfalia Fruit in connection with this Website, as well as, all available information regarding marketing and promotion of the products and services described in this Website, as well as all and any modifications or improvements to any of them;

“Terms of Use” means these terms of use;

“Trade Marks” means those trademarks owned by Westfalia Fruit and any other trademarks, designs, logos, style names and slogans which Westfalia Fruit owns or has the right to use or any derivative service offerings of, and applications for, any of same.

“Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this.

 

8. Website Material – Scope of Permitted Use

Subject to the provisions of these Terms of Use, you may only download, view and print the Website Material restrictively for your own personal use and only for non-commercial purposes. This permission does not extend to the source code of this Website or to the source code of any software or computer program that forms part of the Website Material.

You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.

You may not use this Website or the Website Material for any illegal or unlawful purposes or as prohibited by these Terms of Use.

You may not link to any page on this Website or frame this Website or any of the pages on this Website in any way whatsoever without the prior written permission of Westfalia Fruit.

This Website is copyright of Westfalia Fruit. All rights reserved. You must get Westfalia Fruit’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. Westfalia Fruit’s entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by Westfalia Fruit (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.

You may not print any part of the Website or the Website Material, except where Westfalia Fruit expressly states that you may do so. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so. You may not transfer any rights or obligations in terms of these Terms of Use to any other person or entity. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this website.

 

9. Intellectual Property

The Intellectual Property is owned by the Westfalia Fruit or used under license or with permission. Trade Marks displayed on this Website are either trademarks owned by the Westfalia Fruit or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without the Westfalia Fruit’s prior written permission and nothing contained on this Website should be construed as granting any licence or right of use of any Intellectual Property.

Where any of the Website Material have been licensed to the Westfalia Fruit or belong to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such terms and conditions.

 

10. Website Behaviour

You may not use this Website to obtain or distribute:

• copyrighted material or material protected by laws relating to intellectual property rights without the permission of Westfalia Fruit;
• material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
• material which is defamatory, unlawful or contains hate speech; or
  bulk e-mail, whether solicited or unsolicited.

You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website or of the Website Material.

You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”. You may not intercept any information transmitted to or from Westfalia Fruit or this website which is not intended by Westfalia Fruit to be received by you. You must respect other users of this Website at all times. Any reference in these Terms of Use to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

 

11. Security and Passwords

You may choose or be allocated a password in order to enable you to gain access to certain parts of this Website or the Website Material (“your Password”). Westfalia Fruit may, in its sole discretion, at any time and for any reason revoke your Password and consequently your access to certain parts of this Website or the Website Material.

You must keep your Password secret and confidential. You must immediately notify Westfalia Fruit in writing if the secrecy or confidentiality of your Password is compromised or if your Password is disclosed to any unauthorised person.

You must only use your Password in order to use this Website for the permitted use.

Westfalia Fruit may, in its sole discretion, at any time and for any reason change your Password or require you to change your password. You will be notified of any changes made or required to your Password on this Website.

You will be responsible and wholly liable for any use or misuse of your Password. Any actions or omissions committed through the use of your Password will be considered to have been committed by you. You specifically indemnify Westfalia Fruit for any claim, liability, damage or loss arising as a result of the use or misuse of your Password.

 

12. Disputes

In the event that any claim, matter or dispute arises between you and Westfalia Fruit arising out of or in connection with your use of this Website, the Website Material or these Terms of Use on any matter whatsoever, then the claim, matter or dispute may be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by that foundation. The arbitration shall be held at Johannesburg in the English language and shall be held immediately with a view to be completed within 21 (twenty one) days after it is demanded. You agree that the decision of the arbitrator in the arbitration proceedings shall be final and binding on you and may be made an order of court.

The Westfalia Fruit reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms of Use. You agree that Westfalia Fruit is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms of Use or your use of the Website or of the Website Material, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.

 

13. Governing Law

This Website is hosted, controlled and operated from the European Union. The parties agree that these Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the European Union. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with these Terms of Use, the parties submit themselves to the exclusive jurisdiction of the High Court of the European Union.

 

14. Legal Service of Documents and Notices

Westfalia Fruit chooses the below addresses for service for all purposes under these Terms of Use, whether in respect of court process, notices or other documents or communications of whatsoever nature:​

Postal Address
P.O Box 52288
Saxonwold
2132
Republic of South Africa

Physical Address
9 Eton Road
Parktown
Johannesburg
2193
Republic of South Africa
Current fax no: 011 726 8600

 

All notices to Westfalia Fruit must be marked for the attention of the Group CEO of Westfalia Fruit. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the Group Legal & Governance Executive at Westfalia Fruit’s above postal address or delivered by hand to the Westfalia Fruit’s above physical address or sent to the Westfalia Fruit’s above fax number.

 

Notices given to the above addresses will only be deemed to have been duly given:

• 14 days after posting, if posted by registered post to Westfalia Fruit’s postal address;
• 3 days after delivery, if delivered by hand to Westfalia Fruit’s physical address;
• 3 days after confirmed successful transmission, if sent to Westfalia Fruit’s fax number.

 

15. Severability

Any provision in these Terms of Use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Terms of Use, without invalidating the remaining provisions of these Terms of Use.

 

16. Termination

If you breach any of these Terms of Use, Westfalia Fruit may immediately, automatically and without notice to you, terminate your use of and access to the Website, and/or prohibit your future access to use of the Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of Westfalia Fruit’s rights in this regard are expressly reserved.

 

17. Costs

Any costs, including legal costs on the attorney and own client scale and value-added tax, incurred by Westfalia Fruit arising out of your use of this Website or the Website Material, or a breach of these Terms of Use, will be borne by you.

 

18. Whole Agreement

These Terms of Use constitute the whole agreement between you and Westfalia Fruit relating to your access to use of this Website.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms of Use which Westfalia Fruit may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms of Use nor shall it constitute a waiver by Westfalia Fruit of any of Westfalia Fruit’s rights and the Westfalia Fruit shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.