Privacy Policy And Data Processing 

 

1.What does this privacy policy mean? 

This privacy policy (hereinafter the Privacy Policy) is published to provide information about how OÜ West cape (hereinafter West cape) processes your personal information that is collected: 1) if you are a member of the West cape ONLINE STORE ; 2) if you participate in West cape events; 3) if you interact with West cape social media accounts; 4) upon performance of contracts entered into with customers, partners and suppliers; 5) if you make inquiries to us. Hereinafter all indicated persons whose data are processed by West cape shall be referred to as Customers. The Privacy Policy also provides certain responsibilities of the Customers which must be complied with when visiting various West cape websites. 

 

2. Information about West Cape

The company OÜ West cape (legal entity registration number 11877255, Kiikri tn 2/1-20, Tallinn, 10159 ESTONIA, e-mail info@westcape.net) is the chief processor of your personal data. The person responsible for the protection of personal data in West cape is Vaho Klaamann, who can be contacted by e-mail at vaho@klaamann.com. 

OÜ West cape is the responsible processor of personal data, OÜ West cape transmits the personal data necessary for making payments to the authorized processor Maksekeskus AS.

 

3. What is personal data? 

Personal data means any information about the Customer collected by West cape that may be used for customer identification and is stored electronically or in any other manner. Personal data may include any information, including the Customer’s name, surname, address and IP address, which is collected by West cape about the Customers for the purposes indicated in this Privacy Policy or during a separate meeting with the Customer, or within the scope of an agreement concluded with West cape. Such data shall also include publicly available personal information of the Customers accessed by West cape when the Customer contacts West cape via any social media networks or interacts with West cape social media accounts. 

 

4. West cape online store 

For the purpose of delivery of goods to the members (Customers) of the West cape online store, West cape processes the following personal data: name, surname, telephone number, e-mail address, postal address. This personal data is retained for three (3) years after consent is obtained. For the purpose of providing information and individual offers on products and events to members (Customers) of the West cape online store, West cape will process the following personal data: name, surname, telephone number or email address. This personal data is retained for three (3) years after consent is obtained. If the above information is not provided, it will not be possible to receive personal offers. You can withdraw your consent at any time by contacting us at the email address provided in this Privacy Policy or by clicking the opt-out button in the weekly newsletter. If you are our Customer and have not objected to West cape messages/e-mails (information and individual offers on products and events for the West cape online store members), we may send you messages about goods and services similar to those purchased by or provided to you by e-mail on the basis of our legitimate interest. You have the right to refuse this direct marketing at any time by contacting us via e-mail stated in this Privacy Policy. 

 

5. Verification of Customers’ personal identification documents 

West cape may require Customers to provide a personal identification document to verify that the Customer is at least eighteen (18) years old. This personal information is requested in compliance with the laws of the Republic of Estonia, which prohibit the sale of alcoholic beverages to persons under 18 years old. West cape does not collect this data. 

 

6. Participation in West cape events

If you grant your consent, the fact of your participation, along with your name and surname, photographs and video recordings may be used to notify the public about West cape events, increase the visibility of West cape, and notify the companies of West cape company group about events organised by West cape. We promise not to damage your reputation and dignity by misusing such photographs. With your consent, your photographs may be published on West cape social media accounts and on its website. Photographs will be published and stored for five (5) years from the event or provision of consent (whichever happens later), except in cases permitted by laws. 

 

7. Social media 

Information you provide to us through social media when accessing our account (including notifications, use of the ‘Like’ button, and other communications) is controlled by us jointly with the social network managers as joint controllers of the personal data. The principles of processing personal data of the social networks Facebook and Instagram can be found at https://www.facebook.com/privacy/explanation). 

 

8. Performance of West cape agreements 

West cape processes the personal data of its customers, employees of suppliers or service providers (as legal persons) and data of customers, suppliers or service providers (as natural persons) in order to perform the agreement concluded between West cape and the aforementioned persons. In such cases, West cape will process the following personal data: name, surname, date of birth, phone, e-mail address, postal address, messaging content, date, and other data related to the performance of the agreement. The basis for the processing of data of customers, employees of service providers or suppliers of West cape is the legitimate interest of West cape. If you are a customer of West cape, provide services or sell goods as a natural person, West cape will process your personal data on the basis of performance of the agreement. Personal data indicated in this section will be processed as long as the agreement is in effect. If personal data is indicated in the agreement, this will be stored for ten (10) years as of the date of expiration of the agreement. 

 

9. Disclosure of data 

We can disclose information about you to our employees, managers, agents, service providers such as debt administration or recovery companies, persons or subcontractors providing marketing and IT services if the same is reasonably required for the respective purposes, as indicated in this Privacy Policy. Moreover, we can disclose information about you: 

● if we must do this under the law; 

● in order to protect our rights or interests (including the provision of your data to third parties in order to recover your debts to us); 

● in order to sell a part of West cape’s activities or assets, where we disclose your personal data to the potential buyer of the activities or a part thereof; 

● having sold the activities of West cape or a substantial part thereof to third parties. 

Your personal data will not be transferred to third countries and/or international organisations. Except in cases provided in this Privacy Policy, we do not transfer your personal data to any third parties. The list of recipients and categories of recipients provided in the Privacy Policy may change. If you wish to be notified of any changes to the recipients of your personal data, please inform us via e-mail provided in this Privacy Policy indicating in the e-mail as follows: ‘I wish to receive information on the changes to the recipients of my personal data. Name, Surname’. 

 

10. Security of your personal data 

Your personal data will be processed pursuant to the requirements set out in the General Data Protection Regulation, the Personal Data Protection Act of the Republic of Estonia and other legal acts. In the course of the processing of your personal data, we implement organisational and technical measures which ensure the protection of personal data from accidental or unlawful destruction, alteration, disclosure and any other unlawful processing.

 

11. Your rights 

This section contains information about your rights related to the processing of your personal data carried out by us and cases where you can exercise these rights. If you would like to receive more information on your rights or to exercise them, please contact us via the e-mail address given in this Privacy Policy. West cape will provide information on actions taken on a request with regard to implementation of your rights without undue delay and in any event within one (1) month of receipt of the request. In consideration of the request complexity and the number of received requests, the aforementioned term may be extended for two (2) further months. In this case, we will notify you of such a term extension and reasons for it within one (1) month as of the receipt of request. West cape will only refuse to implement your rights in cases provided for in the legal acts. 

 

11.1. Right to consent withdrawal 

If you have given us your explicit consent to the processing of your data, you can withdraw it at any time. 

 

11.2. Right to access your personal data 

We want you to fully understand how we use your personal data and not to experience any inconvenience because of that. You can contact us at any time and ask if we process any of your personal data. If we store or use your personal data in any way, you have the right to access them. If you wish to do this, please submit a written request to us at the address indicated in this Privacy Policy and confirm your identity. Please comply to the fairness and reasonableness principles when submitting such request. 

 

11.3. Right to request more information 

We hope that you will understand that it is very difficult to discuss all possible methods of collection and use of personal data. We try to provide as explicit and comprehensive information as possible and undertake to update this Privacy Policy if there are any changes to the personal data use process. Nevertheless, if you have any questions about the use of your personal data, we will be happy to answer them or will provide you with all the additional information that we can disclose. If you have any specific questions or did not understand the provided information, please contact us. 

 

11.4. Additional rights 

Below, you will find information about your additional rights that you can exercise in compliance with the following procedure.

(a) You have the right to request us to rectify any inaccuracies of data held by us. In this case, we may ask you to confirm the rectified information.

(b) You have the right to ask us to erase your personal data. This right will be implemented in the cases provided in Article 17 of the General Data Protection Regulation.

(c) You have the right to ask us to restrict the processing of your personal data or to object to its processing:

● during the period required for us to verify the accuracy of your personal data when you submit claims with regard to data accuracy;

● in cases of unlawful collection, storage or use of your personal data where you decide not to request the erasure of data;

● when we no longer need your personal data, but you need it for the establishment, exercise or defence of legal claims;

● during the period required to determine if we have an overriding legal basis to continue processing your personal data if you exercise your right to object to the processing of your personal data.

(d) You have the right to the portability of data obtained by us under your consent or for the purpose of agreement conclusion. If you exercise this right, we will transfer a copy of the data provided by you.

(e) You have the right to object to use of your personal data by us:

● in cases where we use such data in order to implement our legitimate interests, but we do not have an overriding legal basis to continue using your personal data; or

● at any time when we use your personal data to send newsletters or for direct marketing purposes. In such cases, the data will no longer be used for these purposes; however, it may be used for other legitimate purposes. 

 

12. Complaints 

If you believe that your rights as the data subject have been violated, please promptly contact us via e-mail indicated in this Privacy Policy. We ensure that as soon as we receive your complaint, we will contact you within the reasonable period and inform you about the complaint handling process, and then about its result. If the handling results are unsatisfactory to you, you will be able to submit a claim to the supervisory authority, which is the Data Protection Inspectorate of the Republic of Estonia (https://www.aki.ee/et/inspektsioon-kontaktid/inspektsioonist).

 

13. Contact us 

There are several ways to contact West cape: by telephone (+372 503 0390) or by e-mail (info@westcape.net or vaho@klaamann.com) or via social media accounts. We personally accept, review and reply to all messages. If you contact us, we can process the following data belonging to you: name, surname, e-mail address, phone number, date, your nickname used in social media networks, and the text of messages. Such data will be processed in order to prepare for the performance of agreement or to answer your questions. If you do not provide your contact details, we will not be able to contact you. Electronic messages will be stored for one (1) year as of the receipt of the message except for information that must be stored for other terms pursuant to the Privacy Policy or legal acts. Please note that we may have to contact you by post, e-mail or telephone. Please notify us of any changes of your personal data. 

 

14. Liability 

You are responsible for the accuracy, correctness and completeness of the data submitted to us. In the case of any changes to the data submitted by you, you must promptly notify us about that by e-mail. We will in no way be responsible for the damage incurred by you due to the provision of inaccurate or incomplete personal data or the failure to notify us about changes to them. 

 

15. Amendments to the Privacy Policy 

We may update or amend this Privacy Policy at any time. Such updated or amended Privacy Policy will come into effect as of its publication on our website. You should check it from time to time and make sure that you find the current version of Privacy Policy acceptable. After making an update to the Privacy Policy, we will notify you about any changes that we consider significant by publishing them on the website. If you log in to the website after the publication of such a notice, you give consent to the new requirements indicated in the update. ‘Updated’ date indicated below shows the date of the latest update to the Privacy Policy.

Updated September 15, 2022

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