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Privacy Policy

Last Updated: April 26, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

Interpretation and Definitions

Interpretation

The clause headings in this document have been inserted for convenience only and not for interpretation purposes.
Reference herein to the singular includes the plural and vice versa.

Definitions

The following defined terms shall, wherever used in this Privacy Policy, bear the corresponding meaning ascribed to them:
  • "Affiliate" means any holding company, subsidiary company, trust, partner, agent, director, shareholder, employee, representative, officer, official, associate, contractor or any other person appointed by a Party, from time to time;
  •  Act, 68 of 2008;
  • "ECT Act" means the Electronic Communications and Transactions Act, No. 25 of 2002;
  • "Infinatech" means Infinatech Global (Pty) Ltd, (with Registration Number: 2023/924832/07) and its Affiliates (where the context may require);
  • "Mobile App" means the solution developed and/or owned by Infinatech, under the name and style of 'Drezmi', which allows Users to view and interact with items of clothing and/or clothing accessories through the use of a virtual avatar, and includes the purchase and sale of Products as well as Modules which provide sorting and searching functionality based on a User's specific criteria, as well as Modules which allow the ability to create virtual wardrobes and daily planners, occasion styles, user preferences together with any Updates and Developments thereto, and includes all Intellectual Property in relation thereto;
  • "Module" means a specific component of functionality of the Services and/or the Platform;
  • "Parties" means Infinatech and each Userindividually and "Party" shall refer to either of them;
  • "Personal Information" means the personal information of any person or entity accessing or using the Services, including, but not limited to:
    - names and/or surnames;
    - addresses, both physical and electronic;
    - non-specific browsing habits and patterns;
    - internet protocol addresses; and
    - any other information which may be provided through the User's use of the Services and/or the Platform.
    ‍
  • "Platform" means any website, network, or application which is developed and/oroperated and/or controlled, by or for,Infinatech, in respect of the Mobile App and includes the content and Services available on and through the Platform and any page, part or element thereof;
  • "Products" means any goods available for purchase through the Services from time to time;
  • "Services" means the Mobile App and any other services which may be available on or through the Platform from time to time;
  • "Terms" means the user terms and conditions, as amended from time to time, together with any annexures thereto;
  • "User" means any person and/or entity that accesses and/or makes use of, the Platform and/or the Services or any part thereof

Disclosures

It is recorded that the User's access to, and use of, the Platform and/or the Services may be classified as "electronic transactions" in terms of the ECT Act. As such, Infinatech has, amongst others, the duty to disclose the following information to the User, which the User hereby acknowledges and takes note of:
  • The full name and legal status of the Platform and Services owner: Infinatech Global (Pty) Ltd t/a Drezmi;
  • Registration Number: 2023/924832/07;
  • The Home Page: www.drezmi.com;
  • Physical Address (at which Infinatech will accept service of legal process): 61 Katherine Street, Sandton; 2196
  • Postal Address: as above;
  • Telephone Number: +27103006026;
  • E-mail address [email protected];
  • Directors: Kaylin Pandaram
  • the costs associated with the access, registration and use of the Services, but specifically excluding any paid transactionsand subscriptions, optionally entered into by the User: Nil
  • A User may lodge complaints concerning the Platform and/or the Services at [email protected]. The User hereby cedesand assigns the copyright in such complaints to Infinatech and understands that Infinatechmay use, disclose and publish such complaints and is furthermore under no duty to answer, address or resolve such complaints, which are made solely for Infinatech's internal processing, use and knowledge.

LAWFUL PROCESSING OF PERSONAL INFORMATION AND PRIVACY

Infinatech shall, subject to the provisions of clause 3.2, take all reasonable steps as required by the Protection of Personal Information Act, 4 of 2013,and the Promotion of Access to Information Act, 2 of 2000, to protect the Personal Information of Users that it collects, processes, or has access to through a User's use of the Platform and/or Services.
All collection, processing and/or use by Infinatechshall be carried out in terms of any policies applicable to processing as may be implemented by Infinatech from time to time (“Privacy Policy”).
Where there is conflict between the terms of this clause 3 and this Privacy Policy shall take precedence to the extent that such conflict exists.
Personal Information may be, at Infinatech's sole election, collected either electronically through the use of data collection units ("Cookies"), alternatively may be provided voluntarily by the User.
The User acknowledges that they may determine Cookie use independently through independent settings on the User's internet browsing platform.
By using the Platform and/or the Services, the User hereby consents to the collection, processing, use and storage of their Personal Information.
The User further warrants that the information(including Personal Information) provided to Infinatech belongs to the User and is correct and up-to-date and the User undertakes to inform Infinatech immediately of any change in such information and to provide same to Infinatech.
Infinatech may collect, maintain, save, compile, modify, destroy, de-identify, share, sell and disclose any Personal Information collected from a User, provided that Infinatech:
  • shall not disclose Personal Information without the User’s consent, unless required to do so through due legal process or otherwise entitled to in terms of any applicable law;
  • may compile, use and share any Personal Information for statistical and research purposes, provided that it shall not publish the Personal Information in an identifiable form;
  • shall retain records with Personal Information for as long as it is required to do so in terms of any applicable law, and for Infinatech’s lawful purposes. Personal Information that has been collected will form part of a data bank that Infinatech shall maintain according to any applicable law;
Infinatech may collect, store, use and/or process Personal Information, in order to:
  • communicate User requested information to the User;
  • provide Services to the User as requested and/or subscribed for by the User;
  • authenticate and/or verify the User;
  • market products or Services to the User;
  • allow third parties to market products and/or services to the User;
  • provide the User with access to restricted pages on the Platform;
  • comply with any compliance requirements of Infinatech, whether in the Terms, this Privacy Policy or any applicable law; and/or
  • compile non-personal statistical information relating to browsing habits, click patterns, and access to the Platform.
and in this regard, the User's continued use of the Services shall constitute its express consent for the collection and processing of Personal Information by Infinatech as provided for in the Terms, this Privacy Policy, or a third party on their behalf, and which may include the sharing and processing of such Personal Information with any third parties that are required by Infinatech in order for Infinatech to provide the Services.
For the avoidance of any doubt, Infinatech owns and retains all rights to de-identified statistical information collected and compiled by Infinatech

HYPERLINKS TO THIRD PARTY SITES

Infinatech may from time to time provide links to third party websites ("target sites"). Such links do not imply or constitute any endorsement, agreement on or support for, the content of such target sites.
Infinatech shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites, which access and use shall be at the User's sole election and discretion.

SECURITY

Infinatech shall take all reasonable steps to secure the content of the Platform and/or the Services and the Personal Information provided by, and collected from, a User, from unauthorised access, use and/or disclosure. However, Infinatech does not make any warranties or representations that such content shall be safe and/or secure from any and all threats, which the User acknowledges and understands.
Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code or software, including, but not limited to,computer viruses, malware robots or spy ware, to the Platform and/or Services or any networks that support same.
Notwithstanding criminal prosecution, in the event that the User delivers or attempts to deliver any damaging code to the Platform and/or Services, whether intentionally or negligently, the User shall, without any limitation, indemnify and hold Infinatech harmless against any and all liabilities, damages, risks and losses that Infinatech and its partners and/or Affiliates may suffer as a result of the User's actions
Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures implemented by the Infinatech from time to time on the Platformand/or Services, and Infinatech reserves the right to claim damages, whether indirect, direct or consequential, from any and all persons involved.
Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable in accordance with the Terms and/or this Privacy Policy, for all liabilities, losses, destruction or damages suffered and/or incurred by Infinatechand its partners and/or Affiliates due to or arising from or connected with such actions.

INTERCEPTION OF COMMUNICATIONS

Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002 ("RIC Act"), the User agrees to Infinatech’s right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" as defined terms of the ECT Act) sent or posted by the User to the Platform and/or the Services and/or to Infinatech.

CHANGES AND AMENDMENTS

Infinatech reserves the right, in its sole and absolute discretion, to do any of the following, at any time and without prior notice or justification:
  • amend this Privacy Policy;
  • amend the Terms
  • amend the contents of the Platform and/or Services available;
  • discontinue any aspect and/or Module of the Platform and/or Services;
  • change the software and hardware required to access and make use of the Platform and/or Services; and/or
  • to delete the Platform.
Any amendment of this Privacy Policy shall be deemed to be in force and effect, and binding on the User, on the date of publication of such amended terms to the Platform, or such other location as stipulated by Infinatech, which shall be notified to Users
Should the User not agree with or accept the amendment of this Privacy Policy, then the Usermust not use the Platform and/or Services. For the avoidance of any doubt, it will be the sole responsibility and obligation of the User, to confirm any amendments to this Privacy Policy, by contacting Infinatech

APPLICABLE AND GOVERNING LAW

The Platform is hosted, controlled and operated within the Republic of South Africa and therefore, subject to the remainder of the Terms and this Privacy Policy, the South African law enforced by the South African courts governs the use of, or inability to use, the Platform, its content, Services,and/or any products.
Nothing in this clause 8, or any other provisions in this Privacy Policy, shall limit a User's right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
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