zafara africa
privacy policy

Last Updated: February 9, 2023

This Privacy Notice (“Privacy Notice” or “Notice”) describes how we collect, use, share, manage or disclose or generally process your personal information as a visitor or customer when you visit or use our websites, mobile apps, applications, digital services, or any related products, services, sites, features or functionalities (each a “Service”, collectively the “Services”) that link to this Privacy Notice, and how Zafara Africa Ltd collects, uses, shares, processes and manages your personal information.

We collect and use your personal information and in accordance with applicable data protection and privacy laws (“Data Protection Laws”), to keep it secure and recognise and respect your privacy rights. We have included below specific provisions relevant to users in Europe specifically.

• European Privacy Rights (Section 10)

We use the terms “personal data” and “personal information” interchangeably in this Privacy Notice, and they mean any information about a living individual from which that individual can be identified. By “processing”, we refer to any operation or set of operations performed upon personal data, which means anything that is done to, or with, personal data, including simply collecting, using, storing or deleting those data, but also organizing, structuring, altering, combining with other data, transmitting or disseminating.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This Privacy Notice supplements any other notices and privacy policies and is not intended to override them. By using the Services, you acknowledge that you have read this Privacy Notice and you understand how we collect, share or generally process your personal data and what your privacy rights are, as described in this Notice.

Where our Services may include third-party content and links to other third-party websites, we are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

Personal Information that We Collect from You
Account Data You Directly and Voluntarily Provide to Us. We collect and process some or all of the following personal information you make available to us if you register, download or use the Services, interact with customer support, make a purchase, or otherwise communicate with us through the Services:
• Name
• Email Address
• Mailing Address
• Phone Number
• Date of birth
• Passport number, driver’s license or state identification card number
• Username
• Password
• Other Registration Information
• Customer Support or Technical Information you provide when you contact us with questions about your use of the Services or ask to be contacted by us directly
• Details of transactions you carry out through the Services, your purchases, and the fulfilment of orders we provide to you

• Other information you may provide to us through promotions or surveys

User Profile Data. In certain circumstances, we may offer you the option to create an account with the Services. By creating an account, you are also creating a user profile that is visible to other users. By default, this user profile will only include your name and country of residence. Note that certain profile information is not visible to other users of the Services. We note that we, in admin capacity, will still be able to access and view the information you provide as part of your user profile.

Personal Contacts. In some cases, and with your consent, we collect personal information that you provide about others, including first and last name, email address, and phone number of your personal contacts, such as when you send your contacts benefits, coupons, or discounts. We will use the information you provide to fulfil your requests, including (if applicable) sending them a text message, and we will not send marketing communications to your contacts unless they have a separate relationship with us and have affirmatively consented to receive such communications. Such functionality is implemented in all jurisdictions where legally permissible. By using this functionality, you acknowledge and agree that both you and your contacts are based in jurisdictions where it is legally permissible and that you have your contacts’ consent for us to use their contact information to fulfil your request.

Artist Data (on zafara.africa). If you are accessing the Services as a current or potential affiliate artist / crafter / designer on the zafara.africa website, we ask you to provide your name, legal name, a copy of a government-issued ID, biography, contact information, address and financial information.

Public Data You Post Through the Services. If you post information on your user profile or other public areas of the Services, such as reviews, comments, and user content, that information may be collected and used by us, other users of the Services, and the public generally. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or any other person, or that you otherwise do not want to share with the public.

Information We Automatically Collect from Your Device or Browser 

In addition to the information you provide to us, where legally permitted the Services automatically collect and process information from your device or browser. This information includes your:

• Device Registration Data: this may include the type of mobile device you use; your mobile device’s advertising ID (a unique user ID assigned to your mobile device or operating environment, and stored directly on the device itself, to help advertising services personalise their offers. It can be sent to advertisers and other third parties which can use this unique ID to track the user’s movements, habits, and usages of applications); your IP address, operating system or browser type.
Device Settings: for example, your language preference.
• Mobile Carrier.
• Information about how you use the Services, for example through our use of tracking technology that informs us how many times you use the Services each day and which pages you have viewed.
• Requested and Referring URLs: including, for example, when you are referred to us by an affiliate partner URL or you request to visit an affiliate partner’s URL linked to on our Services.
• Imprecise location data collected through your Device: we will collect your IP address
• Data collected by cookies or other tracking technologies: including but not limited to domain name, your browser version and operating system, traffic data, imprecise location data, web logs and other communication data, and the resources that you access. Please refer to our Cookie Notice for more information on data collected through cookies and other tracking technologies.

Information once “made-anonymous” to the standard required by applicable law is not subject to this Privacy Notice and we may treat it as non-personal information, which means we could use it without restrictions nor obligation to you, except as prohibited by applicable law.

Information We Collect from Third Parties about You

In addition to information we collect from you – either directly from you (see Section 2 above) or automatically through our Site (see Section 3 above) – we may also combine it with information we receive about you, which consists of information collected offline or from third-party sources such as data aggregators, email acquisition, email identity and email marketing companies, marketing platforms, customer relationship management data platforms and customer data platforms and offline print catalogues, in order to help us tailor our communications to you, improve our services, better understand your interests, preferences, propensity to buy from your visits and past transactions on any of our websites, visits of other partner websites.

Some of the information received about you may come from consumer data resellers and includes information that combines your personal information with those companies’ own records and records they themselves obtained from other sources.

How We Use Your Personal Information
In this section, we set out the business and commercial purposes for which we use personal information that we collect when you use the Services.
 
To Provide or Improve Our Services, Provide Support, and Communicate with You. We and our service providers use the personal information you provide, or that is collected through the Services, to operate, facilitate and fulfil transactions, authenticate you as a user of our Services, personalize your user experience on our websites, and improve our Services, other sites, applications, products and services, to contact you from time to time to provide you with important information and notices relating to the Services, and to carry out obligations arising from any agreements between you and us.
 
To Carry out Marketing Activities such as Promotions. We and our service providers use the personal information you provide or that is collected through the Services to provide you with updates, offers, and promotions, where you have chosen to receive these. We also use your information for marketing our own and our selected business partners’ products and services to you by email and, where required by Data Protection Laws, we will ask for your consent at the time we collect your personal information to conduct any of these types of marketing. If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.
 

To Organize Sweepstakes and Contests. From time to time, we may host sweepstakes or a contest on our Services. You may be asked to provide personal information or permit its transfer to a third party in connection with such sweepstakes or contest. The parties whose privacy notice applies will be disclosed at the point of collection or transfer and you will have a choice of whether or not you wish to permit such transfer or collection of information to a third party.

To Process Your Payments and Fulfill Your Orders and Purchases. If you make a purchase through the Services, you may be able to pay using a third-party payment service, such as Stripe, PayPal, Apple Pay, Amazon Pay or other third-party payment services. The personal information collected by these third-party payment services (such as your credit card number and billing address) is for the sole purpose of processing transactions – fulfilling your orders, facilitating payment, shipping the products that you purchase from society6.com, saatchiart.com or through any of other Services, preventing transactional fraud and in accordance with your preferences and permissions and the terms and conditions set forth in your and our agreements with those third-party payment services – and is not available to us. We only store a tokenized (anonymized) version of such information and do not maintain payment card information on our servers. Personal information collected from you by these third-party payment services is governed by the applicable third-party payment service’s privacy notice. You should review their privacy notice prior to submitting any personal information to them. When you make a purchase, depending upon your payment method, an authorization is obtained in the amount of your cart balance. Your payment information is securely stored by our third-party payment processors. Once your shipment is ready, the charge for your purchase is submitted to your bank for processing and your shipping information, order history, returns, and downloads are securely stored by Us and our third-party shipping partners to fulfill your current and future orders.

Advertising and Analytics
Advertising and Third-Party Content and Links
The Services are supported through advertising. From time to time we work with third-party companies, advertisers and advertising networks, to enable them to collect certain information regarding how you engage with our websites and to provide advertising through the Services. We may allow third-party companies, including advertisers, ad networks, and advertising services providers, to serve advertisements, provide other advertising services, or collect personal information when you visit the Services. We provide these companies with the ability to collect personal information about how you interact with the Services and, if applicable, your mobile device.

This personal information includes the unique device or advertising ID associated with your device and imprecise location information (only the country, state and, on some of our websites, the city where you connect from), in order to help analyse and serve targeted advertising on the Services and elsewhere (including third-party sites and applications).

In addition, we share with these third-party providers personal information that is pseudonymised (information that only identifies you indirectly), which may consist of the following data:
• a hashed version of information that we collect from you directly (such as an email or a phone number)
• a third party IDs, such as a mobile advertising ID, a device identifier or other proprietary ID assigned by third parties)
• an IP address
• the clickstream information generated by your browser, such as HTTP header fields, browser type, time and date stamps), or operating system
• statistical identifiers calculated from data shared by your browser or device
• the subject of advertisements you clicked or scrolled over, etc.
all of which are collected during your visit to the Services in order to provide advertisements about goods and services likely to be of interest to you on our websites, but also on websites of third-party companies.

For EEA, UK and Swiss personal data – please refer to sub-section 10.3 below for the legal bases for processing.

Analytics Services

We also work with third-party analytics companies to help us understand and analyse how you use our Services and assist us with delivering to you relevant marketing messages and advertisements.

These analytics companies (e.g., Google Analytics) collect information about the content you view and your system information as well as imprecise location information (only the country, state and, on some of our websites, the city where you connect from).

Neither they, nor we, do collect precise geolocation information about your visits from your devices, such as GPS coordinates, WiFi, radio frequency location and RFID, Bluetooth, or latitude and longitude information).

Third Parties to Whom We Disclose Your Personal Information

We disclose the personal information you provide or that we collect in some circumstances to the following third parties:

Advertisers, Advertising Networks and Data Analytics Companies. We share your personal information with advertisers, third-party advertising networks and analytics companies who use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers share personal information with us about you that they have independently gathered or acquired. We also share the personal information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use. That personal information is always encrypted except cookie IDs.

Cooperative Database and Marketing Companies. These companies provide what is called a “cooperative database”, which is a type of database that holds information about customers and their transaction histories through which many companies, such as ours, will contribute information to the database in return for aggregate information on the customers other companies have provided. None of the companies that participate in these cooperative databases reveal which company has collected that data, so none of the participating companies are able to identify which company the data is associated with. Each email and mailing address is then associated with specific business categories (e.g. home decor, artwork, etc.) based on customers’ transaction histories. The participating companies, like ours, are then able to process, using data mining and other marketing targeting techniques, the email and mailing addresses in relation to the specific business categories they want to target in their direct mailing. Such databases are generally used for promotional mailings, credit card fraud detection, digital media targeting, business intelligence or fighting e-mail spam. In our case, these databases are used for promotional mailings and direct mail campaigns: this means that, from time to time, we share our customers’ email and mailing addresses and related transactional information, such as your purchase history, amounts paid and products ordered, with cooperative database and marketing companies for promotional mailings and direct mail campaigns. These types of marketing campaigns are mainly carried out in relation with our Saatchiart.com and Society6.com websites. Some of the third-party vendors who receive your personal information from us may resell it for their own direct marketing purposes, and the direct marketing purposes of other third-party marketing companies.

If you prefer to opt-out of the use of your email and mailing addresses for the above purposes, please let us know at admin@zafara.africa.

Our Service Providers and Contractors. We share your information with service providers and contractors who work on our behalf. For example, they may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. They also include accountants, auditors, lawyers, insurers or similar advisers when we ask for their professional advice. Service providers and contractors will only have access to the personal information needed to perform these limited functions on our behalf.

Social Media Sites. Our Services may use social networking or “share functionality” or contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of personal information about you by these sites or applications, depending on the feature.

Our Business Partners. If you are directed to the Services through a third party, we share certain information back with that third party, which may include personal information such as name, email and value of purchase depending on the type of relationship or Services utilized.

We have no control over, and assume no responsibility for any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the personal information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

Our Company Affiliates. We share your personal information with members of the Zafara Africa Ltd corporate family in order to provide joint content and services (like registration, transactions and customer support), or to improve your experience with the Services, products and other services.

Other Businesses. We will disclose your personal information to other businesses in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business, any user personal information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your personal information and other personal information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user personal information will be subject to this Privacy Notice. However, any personal information you submit or that is collected after this type of transfer may be subject to a new privacy notice adopted by the successor entity or acquirer, as applicable.

Government Authorities, National Security or Law Enforcement Agencies, Courts and Other Similar Third Parties
We will disclose your personal information to these third parties:
• if required to do so, and to the extent permitted, by law;
• if requested in response to a subpoena or court order;
• if we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud;
• to protect the property or other rights of us or other users, third parties or the public at large; or
• if we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws, or in violation of our Terms of Use.
You should be aware that, following disclosure to any third party, your personal information may be accessible by others to the extent permitted or required by applicable law.

Cookies and Other Tracking Technologies and How To Control Them

We use our own cookies, pixel tags, JavaScript, software development kits (or “SDKs”), device identifiers and other tracking technologies on our websites or allow third-party companies, such as advertisers and advertising networks, to use the same technologies.

These technologies recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and do so across different websites and platforms, digital or marketing channels and email in order to deliver to you targeted electronic advertisements.

We or these third-party companies may link two or more devices or browsers believed to belong to the same user or household and use it for advertising-related purposes.

These third-party companies such as advertisers, advertising networks may use cookies, but also other tracking technologies such as pixel tags to recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and reach out to your computer, mobile or other device them across different websites and platforms, digital or marketing channels and email in order to deliver targeted electronic advertisements to an individual user. Third-party companies may link two or more devices or browsers believed to belong to the same user or household for advertising-related purposes.

We do not have access to the information located in the cookies, pixel tags and other tracking technologies that third-party partners ask us to place on our websites, nor have control over them, except to take them off our websites, which generally happens once we terminate our agreement with them.
You can control the use of cookies and other tracking technologies by using the “Cookie Settings” option on our web pages cookie window, by changing your privacy preferences through your browser, mobile or other device, or by using a setting or extension in your browser or device that is called “Global Privacy Control”:
• Through the “Cookie Settings”, you can prevent us from using any cookie or other tracking technology that is not strictly necessary for you to view our websites or to enable us to provide you with our Services. Keep in mind that the cookie settings may not permit you to block the use of some tracking technologies.
• Using your browser or device, you may set it up so as to accept all cookies, only accept specific cookies, block others or all of them.
– Keep in mind that your web browser or device may not permit you to block the use of some tracking technologies, and adjusting your browser or device settings to block them may have no effect.
– Your browser or device may also allow you to adjust its settings so that “Do Not Track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Services in response to the “Do Not Track” requests we receive from your browser or device.
• Using the Global Privacy Control (“GPC”) setting or extension in your browser or mobile device: GPC is a proposed specification designed to allow Internet users to notify businesses of their privacy preferences, such as whether or not they want their personal information to be sold or shared. It acts as a mechanism that websites can use to indicate they support the specification. All of our websites have the GPC setting turned on. Once you activate this setting or extension, your browser or mobile device will automatically transmit your preference to our websites which, when detected, will stop the sharing of all our advertising cookies. More information at https://globalprivacycontrol.org/.
• To control the cookies that we use to obtain analytics information from your visits to our websites and prevent your browser, mobile phone or other device to disclose imprecise location details about your visits:
– You can adjust your browser or device settings to deactivate the analytics cookies (categorised as “performance cookies”) sent to your device by using the “Cookie Settings” link located at the bottom of all our website homepages and deactivating the “performance cookies”.
– You can also use your mobile or other device to adjust its location services settings. (For instructions on changing the relevant settings, please contact your service provider, carrier or device manufacturer.)
If you are located in the EEA, the United Kingdom or Switzerland, please refer to section 10.5 and, more generally, to section 10 (“European Privacy Rights”) below to exercise your rights with respect to cookies and other tracking technologies.

Blocking all cookies and other tracking technologies will affect your online experience and may prevent you from enjoying the full features offered through our Services.

The Privacy of Children

The Services are not intended for children under age 16. We do not knowingly collect or distribute personal information from or about children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at admin@zafara.africa.

European Privacy Rights
If you are located in the European Economic Area (“EEA”) (which includes the European Union member states, Iceland, Norway and Liechtenstein), the United Kingdom, and Switzerland, we acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws, which include but are not limited to the Regulation (EU) 2016/679 (the European Union General Data Protection Regulation, or “GDPR”), the United Kingdom GDPR (“UK GDPR”), the Swiss Act on Federal Data Protection (“FADP”) and the Directive 2002/58/EC (“e-Privacy Directive”) and other relevant national legislation implementing it (“e-Privacy Laws”), together, the “European Privacy Laws”.

If required by the European Privacy Laws, we will seek your consent to the above outlined activities and provide the ability for you to withdraw your consent via a cookie consent management platform or other appropriate means. Please see our Cookie Notice for further details.

Security Measures and Storage Limits

We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk. We have also put in place procedures to deal with any personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.

Our retention periods for each category of personal information, including sensitive personal information, are based on our business needs and legal requirements. We retain personal information only for as long as is reasonably necessary for us to fulfill the purpose for which it was collected, and as otherwise to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. If we continue to retain your personal data in accordance with a legal obligation, any further processing of your data will be limited to compliance with such legal obligation.

Where required by Data Protection Laws, we shall delete your personal information when we are requested to do so. Even if we delete your personal information from our active databases, some or all of the personal information you provided may be required in order for the Services to function properly and it may remain in backup storage or records retention archival media (not to be used for any other purpose) until it is permanently deleted in accordance with our standard retention schedules.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal obligations.

Updates to this Privacy Notice
If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified Privacy Notice takes effect. If you continue using the Services after the modified Privacy Notice takes effect, the modified Privacy Notice will govern any further processing of your personal data.



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