INTRODUCTION

This Privacy Policy (“Policy”) governs the Processing of Personal Information by Coffee Capsules Direct (Pty) Ltd (“We”, “Us”, “Our”, “Ourselves”) in accordance with Applicable Data Protection Laws and in connection with the Coffee Capsules Direct e-commerce Platform which is hosted on Our Website located at (https://coffeecapsulesdirect.co.za/). The Data Subject’s (“You”, “Your”, “Yourself/ves”) use of the Platform is subject to this Policy and the Terms of Service which are incorporated by reference into this Policy. In general, by visiting/engaging with the Platform, You signify Your Consent to Our Processing Your Personal Information in accordance with this Policy. 

We are committed to the principle of accountability in maintaining the privacy of Personal Information collected or received by Us when You use Our Platform, as well as ensuring transparency between Ourselves and Yourself. This Privacy Policy describes how We treat Personal Information collected or received from You. 

Accordingly, We encourage You to read this Policy carefully and contact Us with any questions or concerns in regard to Our privacy practices. We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised Policy on Our Website and any subsequent activity in relation to Our Platform shall be governed by such amended terms and conditions. 

If You do not agree with any term in this Policy, please do not submit any Personal Information on the Platform or alternatively contact Our Information Officer, Rowan Isaacman
This Policy was last revised on 25/03/2022
You are advised to regularly visit the Platform for any amendments or updates.
For enquires, contact Our Information Officer:
Info@coffeecapsulesdirect.com



 1. DEFINITIONS

1.1 “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the Republic of South Africa protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the Processing of Personal Information. This includes South Africa’s Protection of Personal Information Act 4 of 2013 (“POPIA”) and the Promotion of Access to Information Act 2 of 2000 (“PAIA”).

1.2 "Cookies" shall mean small files installed by the Website on the Visitor's web browser which contain analytical non-personally identifiable information.  The information stored in each cookie is described in Our cookie selector when first visiting the Website. 

1.3 “Consent” shall mean any voluntary, specific, and informed expression of will to in terms of which You give Your permission to Us for the processing of Your Personal Information in accordance with Our Privacy Policy.

1.4 "Customer" shall mean any Visitor who processes a transaction on the Platform in order to purchase any Goods from Coffee Capsules Direct. 

1.5 “Data Subject” shall mean any natural or juristic person to whom the Personal Information relates.

1.6 “Electronic Signatures” shall mean data attached to, incorporated in. or logically associated with other data and which is intended by the Visitor to serve as a signature, as defined in the Electronic Communications and Transactions Act 25 of 2002.

1.7 "Goods" shall mean the products available for sale on the Coffee Capsules Direct Platform.  

1.8 “Information Officer” shall mean in the case of a juristic person: the chief executive officer or equivalent officer of the juristic person or any person duly authorized by that officer; or the person who is acting as such or any person duly authorized by such acting person. In the case of Coffee Capsules Direct, this position is filled by Rowan Isaacman

1.9 “Operator” shall mean a person who processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party.

1.10 “Personal Information” shall mean information relating to an identifiable, living, natural person and where it is applicable, to an identifiable, existing juristic person, including but not limited to information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

  • information relating to the education or the medical, financial, criminal or employment history of the person;
  • an identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
  • the biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the views or opinions of another individual about the person; and
  • the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.

1.11 "Platform" shall mean the e-commerce platform hosted on the Website which allows Customers to purchase coffee capsules, machine cleaning products and other coffee machine related items.

1.12 “Process/Processing” shall mean any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including- the collection, receipt, recording, organizations, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of information.

1.13 “Responsible Party” shall mean a public or private body or any other person which alone or in conjunction with others determines the purpose and means for Processing Personal Information. For the purposes of this Policy, We are the Responsible Party in relation to Personal Information you submit on the Platform or the Website.

1.14 “Third Party/ies” shall mean any other natural or juristic person that is not You, the Visitor, or Ourselves. 

1.15 “Visitor” shall mean any individual who visits the Website without transacting on the Platform.

1.16 “Website” shall mean https://coffeecapsulesdirect.co.za/ owned and operated by Us and to which this Policy relates.

2. WHO WE ARE

Coffee Capsules Direct is a private company registered in terms of the laws of the Republic of South Africa.  We own and operate the Website which serves to inform You and others on the Coffee Capsules Direct Goods as well as general information on Coffee Capsules Direct and information related to coffee, coffee machines or coffee culture.

In addition, the Website is host to an e-commerce Platform from where Customers may process orders and payment for Goods listed on our Platform. For more information on Our Platform and the applicable terms, please read Our Terms of Service. 

3. PERSONAL INFORMATION

3.1 Consent For Collection and Processing 

The Website collects the Personal Information of Visitors while the Platform collects the Personal Information of Customers. This distinction is made below. 

 

VISITORS: 

By accessing, visiting, the Website, Visitors may elect to submit non-personally identifiable information in the form of cookies.  The Website will prompt Visitors upon their first visit to Consent to all Cookies, only necessary Cookies or alternatively allow the Visitor to manually disable specific Cookies. 

Aside from Cookies, Visitors may volunteer to submit Personal Information through the Website by - 

  1. Signing up for Our newsletter;
  2. Entering a competition;
  3. Engaging with Our online chatbot; or
  4. Sending Us a message through the Website's contact-us form. 

In any event, You understand that Your Consent to the Processing of Your Personal Information by Us is provided by You clicking on "Submit", "I Accept" or any similarly worded button prior to providing Us with any Personal Information.  

You understand that Your Consent to the Processing of Your Personal Information by Us relates strictly to the purposes specified below. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.

CUSTOMERS: 

Customers are Visitors who have created an account on the Platform for the purpose of buying Goods on the Platform.  To create an account, Customers are required to submit Personal Information. You consent to the collection and Processing of Your Personal Information to create an account by clicking on "submit", "I accept" or any similarly worded button during the account creation process. 

Both Visitors and Customers - 

  • represent that You are 18 years of age or older.
  • expressly Consent to Us keeping Your Personal Information once Your relationship with Us has been terminated for aggregate, statistical and reporting purposes.  Such Personal Information will be de-identified and cannot be used to identify You personally. 
  • may revoke Consent pertaining to Our Processing of Your Personal Information by contacting Our Information Officer.

3.2 Purpose For Collection and Processing

Our purpose for collecting and Processing Your Personal Information will depend on whether You are a Visitor of the Website or Customer of the Platform. 

VISITORS:

We primarily collect and Process Visitors' Personal Information, collected or received from You in accordance with Your use of Our Website for the following purposes:  

  • Facilitate communication between Us and You, the Visitor;
  • Provide information about and facilitate the entering into Our competitions by You;
  • Subscribe You to Our newsletter;
  • Engage in market research, gauge Visitor satisfaction with Our Website based on analytical use information;
  • Respond to any queries submitted by You either through the contact-us form or sent by You over email;
  • Develop, improve and fix bugs on Our Website;
  • Comply with the law, specifically in response to a demand from government authorities where such demand meets the legal requirements; and
  • Achieve other purposes as authorised or required by law (e.g., to prevent a threat to life, health or safety, or to enforce Our legal rights).

We use Google Universal Analytics as a tracking technology to collect information for the purpose of tracking traffic to and understanding Visitor interaction with Our Website.  The information collected is kept confidential. 

We expressly acknowledge and undertake to not use any Personal Information for any other purposes without Your consent or as required by law.

CUSTOMERS:

We primarily collect and Process the Personal Information of Customers to facilitate the transaction for the purchase of Goods by the Customer.  In addition, We Process Customers' Personal Information for the following purposes: 

  • Ensure delivery of the Goods to the correct address specified by the Customer; 
  • To ensure that the correct Goods are allocated to the correct cart of a Customer; 
  • To ensure that the Customer is billed correctly for Goods purchased; and
  • For the return of any defective and damaged Goods.

We Process analytical non-personally identifiable information for the purpose of tracking popular Goods on the Platform and generating sales statistics for use in marketing. 

4. WHAT WE COLLECT AND HOW

What Personal Information We collect, Process, and retain depends on whether You are a Visitor or a Customer and how You are interacting with the Website. 

VISITORS:

We collect the following Personal Information:

  • When You visit the Website – 
    • Your internet protocol (“IP”) Address and Cookies that track Your browsing of the Website.  You may disable selected Cookies through the Cookie pop-up when You visit the Website.
  • When You complete a contact-us form – 
    • Your name and;
    • Your email address.
  • When You enter a competition on Our Website – 
    • Your email address;
    • Your name; and
    • Your preferences regarding which competition You want to enter.
  • When you sign-up for Our newsletter - 
    • Your email address;

CUSTOMERS: 

We collect the following Personal Information: 

  • When you create an account - 
    • Your full name; and
    • Your email address
  • When You place an order on the Platform - 
    • Your physical address;
    • Your banking information.  

We do not collect any Special Personal Information as defined in the Act nor do We knowingly collect or Process Personal Information of Data Subjects under the age of 18. 

Neither the Website nor the Platform are intended for use by children.  By visiting the Website or transacting on the Platform You expressly Consent to the collection, Processing, and storage of Your Personal Information as defined in this Policy and You warrant that You are over the age 18 and that the Personal Information submitted relates to You and not to a Third Party. Should You be below the age of 18, You warrant that You are using the Website with the Consent and supervision of a parent/guardian. Refer to Our Terms of Use for more information on using the Website in the latter circumstances. 

5. GIFTS

Customers may purchase Goods as a gift for a third party.  The process of the transaction remains the same, however the Customer may provide the shipping information of the third party together with a personalised note. 

Customers purchasing gift items warrant that they have received the consent of the third-party to submit their Personal Information on the Platform.  The Customer indemnifies Us and holds Us harmless against any damages which arise from a claim by the third-party for Our Processing of their Personal Information.  

6. ACCURACY

You agree that any and all Personal Information that You provide to Us is up to date and accurate. In the event that the Personal Information contains any errors or inaccuracies, You agree to indemnify and hold Us, Our officers, directors, employees, agents, licensors, and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Our reliance on such Personal Information.

You agree to let Us know immediately if You become aware that Your Personal Information has been provided to Us by another person without Your Consent or if You did not obtain Consent before providing another person's Personal Information to Us.

7. PROCESSING OF PERSONAL INFORMATION 

The Processing of Your Personal Information by Us shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. 

We will only Process Your Personal Information, where:

  • You have Consented to such Processing (which You may withdraw at any time by sending an email to Our Information Officer).
  • The Processing is necessary to provide the Website and Platform to You;
  • The Processing is necessary for compliance with Our legal obligations;
  • The Processing is necessary for Our legitimate interests or those of any Third-Party recipients that may receive Your Personal Information; and
  • Any explicit purpose mentioned in this Policy.

8. FURTHER PROCESSING OF PERSONAL INFORMATION 

We do not and will not sell, rent out or trade Your Personal Information.  We will only share Your Personal Information to Third Parties in the manner set out in this Policy and in accordance with Applicable Data Protection Laws. Note that the term ‘share’ includes the act of ‘disclosing’; ‘transferring’; ‘sending’ or otherwise making Your Personal Information available or accessible to another person or entity.

We share Your Personal Information with relevant Third Parties so that We may provide the Platform to You. We may share some or all of Your Personal Information with the following entities:

  • Google Universal Analytics – for the purpose of tracking traffic to and understanding Visitor interaction with Our website. 
  • PayFast
  • PayFlex
  • Mobicred
  • MasterCard
  • Shopify, the Platform host.

Personal Information Processed on the Website will only be disclosed in accordance with the Consent provided by You.  We do not permit any of Our necessary Third Parties to use/Process Your Personal Information for any other purpose than to perform the services that We have instructed them to provide.  All Processing is compatible with such purpose.  We may share aggregated statistical information with Third Parties (including Our commercial partners) for advertising or marketing purposes.  No Personal Information will be shared in this manner.

In the event that We enter into a business transaction (including the sale of Coffee Capsules Direct, or the merger and acquisition of Coffee Capsules Direct by another company which involves the sale of all or a portion of Our assets), Your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that such an acquirer may continue to Process Your Personal Information as set forth in this Privacy Policy.  You may withdraw Your Consent at any time. Refer to section 10 below for more information on how to enforce Your rights in term of Your Personal Information.

Other than the above, We will not disclose Your Personal Information without Your Consent unless We reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety of an individual or to public health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), or where such disclosure is authorised or required by law (including Data Protection Laws).

9. DISCLOSURE OF PERSONAL INFORMATION

We may disclose Your Personal Information to:

  • Our employees to enable Us to operate Our business;
  • Our employees to fulfil requests by You, and to otherwise provide information and services to You;
  • Any organisation for any authorised purpose with Your express Consent.
  • We may share non-personally identifiable information with Third Parties for certain reasons, including advertising, marketing and/or other purposes.

We may further disclose Your Personal Information under the following circumstances:

  • To comply with the law or with legal process;
  • To protect and defend our rights, equipment, facilities and other property;
  • To protect us against misuse or unauthorised use of the Website;

We will not disclose Your Personal Information to any Third Parties other than Our Operators who are authorised to Process Your Personal Information on Our behalf. Any other disclosure of the Personal Information that You Provide to Us, we may disclose to Third Parties only in accordance with Applicable Data Protection Laws. 

We make use of Shopify, a third-party e-commerce hosting service to host Our Platform.  As such, Your Personal Information is stored on servers outside the borders of South Africa.  You hereby provide Us with Your Consent to store Your Personal Information outside of South Africa.  You understand that foreign countries will have different laws and regulations concerning the Processing of Personal Information that may be less stringent than the laws in South Africa.  We however make use of trusted third-party's who ensure a strong standard of data protection.  For more information on Shopify's security, please see https://www.shopify.co.za/security/pci-compliant 

10. OUR INFORMATION OFFICER AND YOUR RIGHTS

The Protection of Personal information Act, 2013 (“POPIA”) places a duty on Us to appoint an Information Officer.  This position is automatically filled by the CEO or equivalent officer, or another authorised person appointed as such.

We have appointed Rowan Isaacman as Our Information Officer whose contact details are listed on the cover of this Policy.

The information officer's duties under the Applicable Data Protection Laws are:

  • Liaising with You when You have a question about Your Personal Information;
  • Assisting You with any requests and enforcing Your rights in respect of Your Personal Information;
  • Making sure that We are compliant with the Applicable Data Protection Laws and that We Process Your Personal Information in accordance with these Terms and Our Privacy Policy.

You may choose when You wish to provide Your Personal Information to Us.  You also have the right to withdraw Your Consent. However, if You choose not to provide certain details, or if You withdraw Your Consent, Your experience with some, or all of the Website and / or Platform features and / or Services, may be affected. To the extent provided for in law, You have certain rights in respect of Your Personal Information. In particular:

  • Withdrawal of Consent: You may withdraw Your Consent at any time by sending a written request to Upon receiving notice that You have revoked Your Consent, We will stop using Your Personal Information within a reasonable time, which will vary depending on what information We have collected and for what purpose, and We will send You a confirmation email stating same.
  • Access or obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information that We collect. Should You wish to examine the Personal Information We hold about You, or obtain a copy thereof, please send Us a written request to: As per the Promotion of Access to Information Act, We may charge a nominal fee should You request any physical records.
  • Update, Modify, Rectify, Erase: the Personal Information that We hold on You; and
  • Object: to the processing of Your Personal Information or Restrict or stop Us from using any of the Personal Information which We hold on You, including by withdrawing any consent You have previously given to the processing of such information.

You also have the right to request Us to stop contacting You for marketing purposes: when You receive promotional communications from Us, You may indicate a preference to stop receiving further promotional communications from Us and You will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail You receive or by contacting Us at Info@coffeecapsulesdirect.com 

These rights are not absolute, and We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under POPIA.

In the event that You wish to enforce any of the above rights, You can request this by emailing Us at. Furthermore, You also have the right to lodge a complaint with the South African Information Regulator.

11. VISITOR ANALYTICS AND TRACKING

We use Google Universal Analytics as a tracking technology to collect information for the purpose of tracking traffic to and understanding Visitor interaction with Our Website. The information collected is kept confidential. 

We collect information which is aggregated to measure the frequency of visits to Our Website, the average time spent on the Website and pages viewed. We collect and use the information as mentioned in this clause for the purposes of administering and improving Our Website and Our services to/communication with You by analysing this information through a Third Party, namely Google Universal Analytics. This information may be shared with Our operators to such an extent as it is necessary for them to administer and improve Our Website on Our behalf. 

We automatically collect Your IP address when you visit the Website. This collection is facilitated by Our Website hosting agents and/or service providers. Such information is kept confidential. 

We use the information collected to improve our internal business processes. We research our Visitors’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Website, and gather broad demographic information.  

12. SECURITY OF PERSONAL INFORMATION

We are committed to, and will implement and maintain appropriate technical and organisational measures to safeguard any Personal Information provided to Us from accidental or unlawful destruction, loss or alteration, as well as the unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise processed. We have various security measures in place to protect the Personal Information We hold from loss and misuse, and from unauthorised access, modification, disclosure and interference – we review these processes regularly and improve them when required. We destroy or de-identify Personal Information once We no longer require it for Our business purposes, or as required by law.

Notwithstanding the above, it is emphasised that even though We have taken significant steps to protect Your Personal Information, You acknowledge and understand that no company, including Ourselves, can fully protect against security risks associated with the processing of Personal Information online.

13. RETENTION OF PERSONAL INFORMATION

We retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy. When determining how long to retain Personal Information, We take into account the necessity of the Personal Information for the provision of the Services, as well as the requirements of other Third-Parties, applicable laws, regulations and legal obligations. We may also retain records to investigate or defend against potential legal claims. 

When retention of the Personal Information is no longer necessary, the information will either be deleted or aggregated for Analytics purposes, in which We case We will de-identify Your Personal Information. 

We retain sales records for five (5) years as required by law.

With the exception of Personal Information required to be retained by law, other Personal Information will be retained no longer than one hundred and eighty (180) days. 

14. CROSS BORDER TRANSFERS

Personal Information is stored on servers outside the Republic of South Africa. You hereby provide Us with Your Consent to store Your Personal Information outside the Republic of South Africa. 

We make use of Shopify, a third-party e-commerce hosting service to host Our Platform.  As such, Your Personal Information is stored on servers outside the borders of South Africa.  You hereby provide Us with Your Consent to store Your Personal Information outside of South Africa.  You understand that foreign countries will have different laws and regulations concerning the Processing of Personal Information that may be less stringent than the laws in South Africa.  We however make use of trusted third-party's who ensure a strong standard of data protection.  For more information on Shopify's security, please see https://www.shopify.co.za/security/pci-compliant 

15. THIRD PARTY WEBSITES

This Website may include links to other websites.  These links are provided for Your convenience for the purposes of providing further information to You.  Such links do not signify that We endorse the website(s) linked to this Website.  You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on Third-Party websites is the responsibility of those websites, and not of Coffee Capsules Direct.

By accessing Third-Party links, You agree that those Third-Party websites have their own methods of collecting and Processing Your Personal Information. You are encouraged to read the Privacy Policies of Third-Party websites, prior to submitting Personal Information on such websites.

You may not create a link to the Website from another website or document without prior written consent from Us. We reserve the right to withdraw linking permission without notice. The website from which the link originates must comply with the content standards set out in ‘Impermissible Use’ contained in Our Terms of Use.

16. OBJECTIONS, COMPLAINTS AND QUERIES

Should You require a correction to be made to Your Personal Information that we keep on record, or You would like us to delete Your personally identifiable information kindly complete FORM 2 annexed hereto and send it to the email address hereunder. Should You feel that You would like to object to the collection, use or Processing of Your Personal Information, kindly complete FORM 1 annexed hereto, and send it to the email address hereunder. If You have any questions about this Privacy Policy, kindly send an e-mail to the email address hereunder.

Email: info@coffeecapsulesdirect.com

We will endeavour to make the correction, provide You with the record (we reserve our right to charge a small fee if You require a physical), cease Processing of Your Personal Information and/or delete it, in accordance with Your request, as far as we are able to do so within the confines of the Applicable Data Protection Laws.

We will treat Your requests or complaints confidentially.

For any further enquires, contact Our Information Officer.

17. CHANGES TO THIS POLICY 

We may change this Policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised Policy and any subsequent activity in relation to the Website shall be governed by such amended terms. We therefore recommend that You visit the Website regularly. If You do not agree with any of Our privacy practices detailed in this Policy, please do not use the Website.

This Privacy Policy was last updated on 29 March 2022.

 

 

Objection to the processing of personal information form

Request for correction or deletion of personal information or destroying or deletion of record of personal information form