Privacy Policy

Read this policy carefully before you continue to use our website and services. If you continue to use our website, services and purchase from us, it indicates that you agree to the terms of our privacy policy. 

Oh So Niché undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Oh So Niché reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

We only process your Personal Information in compliance with this Privacy Policy and in accordance with the relevant data protection laws. 

If, however, you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how we have handled your Personal Information, please contact us directly by emailing us at info@ohsoniche.com and we will do our best to rectify this situation. 

  1. What do we do with your Personal Information?

For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. 

When you purchase something from our store, as part of the buying and selling process, we collect personal information such as: 

Name, Address, Email Address and Contact Number. 

In adopting this Privacy Policy, we wish to balance our business interests and your reasonable expectation of privacy. 

Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of the information you have provided. However, it is impossible to guarantee that your Information shall be 100% secure at all times.

We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law. 

By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

The provision and performance of our services to you 

The provision of marketing related services to you by us

Responding to any queries or requests you may have 

Developing an online user profile

Understanding general user trends and patterns 

For security, administrative and legal purposes 

While we cannot ensure or warrant the security of the Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments. 

We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR. 

The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons. 

We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise do not have the relevant capacity to be bound by this Privacy Policy.

We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, such as – Suppliers (delivery service providers, etc) 

If our services are provided in conjunction with, or by involvement of third parties, such third parties may need to have your Personal Information in order to fulfil your request.

We will not sell, share, or rent your Personal Information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof. 

  1. Consent

How do you get my consent? 

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. 

We will attempt to limit the types of Personal Information we process to only that to which you consent to, but, to the extent necessary, your agreement to this Privacy Policy constitutes consent as contemplated in section 69 of the Act Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem the same required by law and where your consent herein might not be lawfully sufficient.

If we ask for your personal information for a secondary reason, such as through the use of forms for marketing, we will either ask you directly for your expressed consent and provide you with an opportunity to say no.

If after you opt-in, and you decide you no longer want to hear from us, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by emailing us at at info@ohsoniche.com.

  1. Your Rights

You, as a user, have the right of access to understand your personal information stored and processed by us. This may be done at any time, by emailing us at at info@ohsoniche.com.

You have the right to update your preferences and to change the Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete. 

You have the right to ask us to remove your Personal Information from our database entirely if such information is no longer needed for the original processing purpose, or alternatively if you decide to withdraw your consent and there is no further reason or justification to retain such Personal Information. 

You have the right to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you

You have the right to object to the processing of Personal Information for direct marketing purposes.

  1. IP

When you visit the website, even if you do not create an account, our servers may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. 

This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. 

This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

  1. Cookies 

This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. 

Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. 

The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. 

Permanent cookies are cookies that permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience. 

Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. 

If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie.

  1. Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. 

The services available through our Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). 

If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore. 

Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites. 

We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either. 

Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

  1. Transactions 

Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”) 7.1 

Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages. 

Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act. 

Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users. 

Information to be provided in terms of section 43(1) of the ECT Act: Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally. 

This Website is owned and operated by Oh So Niché (PTY) Ltd. You may contact us for any information pertaining to you by emailing us at at info@ohsoniche.com.

  1. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. I

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

  1. Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. 

Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. 

  1. Questions and contact information  

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@ohsoniche.com