Last Updated on 01 September 2023
We are committed to safeguarding the privacy of your personal information ("PI") and respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website(s), purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.
Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website(s), and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website(s) for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website(s) after the revised Privacy Policy is posted.
SCOPE
This Policy applies to all data subjects (persons, whether a natural or juristic person, to whom PI relates) ("you", "your"), whose PI we collect, regardless of the country where you live or work.
This Policy applies to all PI, whether it was provided to us through our website(s), mobile applications or through any other form of communications with you such as email, telephone, or otherwise ("Channels"), through or by third parties or tools that collect PI.
AGE OF CONSENT
By using this site(s), you represent that you are at least the age of majority in South Africa, and you have given us your consent to allow any of your minor dependents to use this site.
INFORMATION THAT WE COLLECT
We collect a variety of information from you when you visit our website(s), make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third-party processors as needed for our legitimate business interests.
PERSONAL INFORMATION
PI is information that can be used to identify you specifically, including but not limited to your name, shipping address, email address, telephone number, or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website(s) or any mobile application. You provide some of this information when you register with or make purchases from our website(s). You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website(s) or from making purchases.
The PI we collect about you is dependent on:
- the transaction you are completing,
- the reason you are communicating with us and
- the Channel used to communicate with us.
We collect your PI and only the PI we require for a specific purpose when you:
- voluntarily provide us with information when you interact with us, for example when you send us online enquiries, or you subscribe to or consent to receiving newsletters or other communications from us;
- browse, visit or participate in our various Channels;
- register an online profile on our websites or apps to purchase our products;
- purchase or enquire about products and services from us;
- participate in any of our events including competitions where we may also collect photos which could be used in the future;
- visit our offices;
- enter into an agreement with us.
DERIVATIVE DATA
Derivative data is information that our servers automatically collect about you when you access our website(s), such as your IP address, browser type, the dates and times that you access our website(s), and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
Once you leave our website(s) or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy.
FINANCIAL DATA
Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return, or exchange products or services from our website(s) and any related mobile apps.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Bank card transactions will be acquired for Niki M Photography via PayFast, which is a payment gateway. Their payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
We do not collect or retain your bank card details used to purchase products or services. This information is collected by financial institutions that have their own privacy policies. You are advised to never respond to emails that seem to be from us requesting bank card details as this request is most likely fraudulent and should be reported to us immediately.
Niki M Photography cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
SOCIAL NETWORKING DATA
We may access PI from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Snapchat, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
MOBILE DEVICE DATA
If You use our website(s) via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
OTHER DATA
On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
RECORDING CALLS
We may monitor and record any telephone calls to improve our service delivery, have a recording of your details to update them and or to meet any regulatory requirement.
HOW WE USE YOUR INFORMATION
Your PI allows us to offer you certain products and services, including the use of our website(s), to fulfil our obligations to you, to customize your interaction with our company and our website(s), and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website(s) or mobile app).
Specifically, we may use the information and data described above to:
1. Create and administer your account; and
2. Deliver any products or services purchased by you to you; and
3. Correspond with you; and
4. Process payments or refunds; and
5. Contact you about new offerings that we think you will be interested in; and
6. Interact with you via social media; and
7. Send you a newsletter or other updates about our company or website(s); and
8. Deliver targeted advertising; and
9. Request feedback from you; and
10. Notify you of updates to our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to you, so that future interactions with our website(s) will be more personal; and
14. Compile anonymous statistical data for our own use or for a third party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on our website(s) or mobile app; and
17. Analyze trends to improve our website(s) and offerings.
WHY WE DISCLOSE YOUR INFORMATION
We may share your PI with third parties in certain situations.
The following are specific reasons why we may share your information:
Third Party Processing: We may disclose your PI to third parties who assist us with various tasks, including payment processing, hosting services, email delivery, communications, and customer service. We may not always disclose these third-party processors if not required by law. We do not authorize them to use or disclose your personal information except in connection with providing our company with their services.
By Law: We may provide access to or share your PI as required by law, court order or other lawful reasons, where we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities.
To Protect Our Company: We may use your PI to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Business Transfers: In the unlikely event our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third party. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used, or processed as otherwise set forth in this privacy policy.
Advertisers: We may use third-party advertising companies to run and manage our ads. These companies may use information about your visit to our website(s) and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you.
Interaction With Others: If you interact with others on our website(s) or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website(s), such as prior comments or posts.
Online Postings: When You post online, your posts may be viewed by others, and we may distribute your comments outside the website(s).
TRACKING TECHNOLOGIES
Log Files: Like many other websites, we make use of log files. These files merely log visitors to the site(s) – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyse trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies: We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website(s), for personalization, for security, for targeted advertising, or for analysis of the performance of our website(s) and services. We use cookies that are not specific to your account but unique enough to allow us to analyse general trends and use, and to customize your interaction with our website(s). This information helps us to understand the use of our site and to improve our website(s) and service offerings.
We may use any or all of the following types of cookies:
Essential Cookies: These cookies help us run our website(s) and improve your experience with our website(s). These cookies may allow content to load more quickly or allow you to access “members only” or repeat-users sections of our website(s).
Functionality Cookies: These cookies allow us to remember your preferences from earlier visits to our website(s), including login information, so that you do not have to input the same information multiple times.
Social Media Cookies: These cookies allow us to record when you have engaged with a social media tool while visiting our website(s). For example, we may record that you have “liked” a certain aspect of our website(s). The social media application may also share data with us that you have allowed it to share. If you wish to change your social media sharing settings, please visit the privacy settings of the social media network.
Advertising Cookies: We may work with third-party advertising partners who collect information about your browsing habits on our website(s) in order to later display a relevant ad about our services when you are on a third-party site such as a social media platform. These cookies may also allow us to access your location.
In addition, when you first encounter our website(s), you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website(s). You can find out more about cookies at www.allaboutcookies.org. By continuing to use our website(s) and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.
In addition, we may use third-party software to post advertisements on our website(s) or mobile application, to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies.
Pixel Tags: We may use a pixel tag, which is a small graphic file that allows us to monitor the use of our website(s) and provide us with information regarding your interaction with the website(s). These tags may collect the IP address from the device you are using, and the browser type. Pixel tags are also used by our third-party partners to collect information when you visit our website(s), and we may use this information to display targeted advertisements.
Email Confirmations: We may receive email confirmations when you open an email from us. This allows us to determine if users are responding favourably to our email communications and to improve those communications.
Other Technologies: Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes, to give us information about your use of our website(s), and to greater improve our website(s) and service offerings to You.
WEBSITE ANALYTICS
We may partner with third-party analytic companies, including Google Analytics and Shopify Analytics. The analytic companies may also use cookies (described above) or other tracking technologies to analyse visitors’ use of our website(s) or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer PI to these third-party vendors. However, in order to access our website(s), you must consent to the collection and use of your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if you have questions.
Google Analytics: You can opt-out of having your activity on our website(s) made available to Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about your visits to our website(s). For more information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.
Facebook: You can opt-out of Facebook’s interest-based ads by visiting: www.facebook.com/help/
You can learn more about Facebook’s Privacy Policy at:
www.facebook.com/full_data_use_policy.
DATA RETENTION
We will keep your PI for different periods of time depending on the use or purpose your PI was provided or collected for, as well as your preferences regarding marketing, recruitment and other correspondence.
We will only keep your PI for as long as necessary to fulfil the purposes set out in this Policy.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect your PI and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your PI may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you promptly of any known breach of our security systems or your data which might expose you to serious risk.
SENSITIVE DATA
We request that you do not submit any sensitive data to us, via public postings, email correspondence with us, or any other method, including identity number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this privacy policy.
YOUR RIGHTS
You can exercise any of your rights listed above by sending an email to hello@nikim.co.za If you want to change your email preferences, you can do so by selecting the preference settings on the most recent email that you received from us. Where we have reasonable doubt as to the identity of the person making an enquiry, we may request additional information to confirm the identity of the person, such as an identity document, including a driver's licence or passport.
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. Should we determine that you are not entitled to exercise a specific right, we will provide you with the reasons why.
Should we have reasonable grounds to believe that your PI has been accessed or acquired by any unauthorised person, we will, as soon as is reasonably possible and lawfully required, notify the applicable regulator, as well as yourself, unless we are unable to establish the identity of the PI that has been unlawfully accessed.
QUESTIONS AND UPDATING YOUR INFORMATION
If you would like to: access, correct, amend or delete any PI we have about you, register a complaint, or simply want more information please email us at hello@nikim.co.za
ACKNOWLEDGEMENT AND COMPLIANCE
We will acknowledge your PI amendment requests as required under applicable data protection laws. However, the rights mentioned in this Policy are not absolute: the rights do not always apply, and exemptions may be applicable. We will ask you to verify your identity and/or ask your information to assist us in better understanding your request. In the event we do not comply with your request, we will explain why.
EU RESIDENTS
If you live or work in the EU and believe there has been an infringement of your data protection rights, you are entitled to submit a complaint to a data protection authority in the EU Member State where you live or work. The contact details of each EU DataProtection Authority can be found at the following website: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
NEWSLETTER PRIVACY
We offer the opportunity for you to volunteer certain PI to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. you will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at hello@nikim.co.za
