1. Introduction

Xtra Clothing and Shoes Online (“Xtra”) acknowledges and supports consumer rights and the right to privacy. Accordingly, our customers’ privacy and trust are extremely important to us! We will ensure that personal information (“PI”) is collected and handled in a transparent and lawful manner in alignment with the Protection of Personal Information Act, 2013 (“POPIA”).

It is important that you read this Statement carefully before submitting any information to Xtra:

• By submitting any information to Xtra, you provide consent to the processing of your personal information as set out in this Statement.
• The provisions of this Statement are subject to mandatory, unalterable provisions of applicable laws.
• Please do not submit any information to Xtra if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, Xtra may not be able to provide its products and services to you.

We respect privacy, we promise:

• To implement reasonable computer (logical), physical and procedural (process) safeguards to protect the security and confidentiality of the information we collect
• To limit the information collected to the minimum required to provide a better service and/or product or meet our other goals
• To permit only properly trained, authorised employees to access information
• Not to disclose your information to external parties unless we are required or permitted by law to do so, and authorised by our Information Officer.

1.1 Purpose

Xtra offers a wide range of products and services, including but not limited to in-store services, digital offerings, a loyalty programme, and value-added services. This Statement explains how we use the information we collect from you when you use our products and/or services and by using our products and/or services and/or by providing information to us you agree to the information being processed as set out in this Statement. This Statement also:

• sets out the types of information that we collect;
• explains how and why we collect and use your information;
• explains whom we share your information with; and
• explains the rights and choices you have when it comes to your information
• explains how to contact us or the relevant authorities

Some parts of our business may need to collect and use personal information to provide you with their products and services. In most cases they will refer to this Statement, but you must also read their specific terms and conditions. Xtra websites or mobile apps may contain links to websites operated by other organisations that have their own privacy policies. Please make sure you read their terms and conditions and privacy policies carefully before providing any personal information on other websites as we do not accept any responsibility or liability for other organisations. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for third party sites, their content, or any goods or services available through these sites.

1.2 Scope

This policy applies to:  

• all Xtra employees, contractors, consultants, directors, freelancers.
• all Xtra Clothing and Shoes stores; and

– all information, computing devices, and network resources used to conduct Xtra business or interact with internal networks and business systems, whether owned or leased by Xtra Clothing and Shoes, the employee, contractor or third party.

In this Statement, “Xtra”, “us”, “our” or “we” refers to Langs Shoes cc t/a Xtra Clothing and shoes Online.

1.3 Legislation and Regulations

This Statement is subject to the laws of the Republic of South Africa in particular POPIA and the Consumer Protection Act, 2008 (“CPA”) as well as other relevant data protection legislation. Any dispute arising will, to the extent permitted by law, first attempted to be settled internally and if this is not possible be referred to the Information Regulator whose details are provided at the end of the statement.

1.4 Roles and Responsibilities

Based on POPIA, the following role players are relevant to this Statement:

2. Collection and processing of Personal Information

2.1.Xtra and various business partners only collect and process PI that is reasonably necessary for its business functions and activities which include but are not limited to the following instances:

• making an online purchase
• opening an online profile
• taking part in our promotions, competitions, and surveys (if applicable)

2.2. Xtra and various business partners may also collect PI about you by accessing data from other sources and then analysing that data together with the information we already hold about you in order to learn more about your likely preferences and interests. When you visit our websites, social media pages or mobile applications or click on our advertisements on the online media of other companies, we may collect information about you using technology which is not apparent to you, for example “cookies”. A cookie is an alphanumeric identifier which we transfer to your hard drive through your web browser when you visit our website. It enables our own system to recognise you when you visit our website again and to improve our service to you. Cookies may also be used to compile aggregate information about areas of our website that are visited most frequently. This information can be used to enhance the content of our website and make your use of it easier. We do not monitor which pages you looked at while visiting our website. You can disable our use of cookies by configuring your browser accordingly. You can find out more about cookies at www.allaboutcookies.org.

2.3.     In order to register for certain services or to enter competitions or promotions offered through our website from time to time, we may also collect relevant PI. We will use such information to provide the services to you. Xtra and the group of companies may also use such information for its own internal purposes including –

• establishing and verifying your identity;
• maintaining and updating our customer databases; and
• marketing, product research and development purposes.

2.4.     We use trusted third-party services including Google Analytics that collect, monitor and analyse our users’ usage. To prevent your PI from being used by Google analytics you can install an opt-out browser add-on (visit https://tools.google.com/dlpage/gaoptout for details).

2.5.     We do not process or collect PI of children under the age of 18 without the consent of the parent or legal guardian.

2.6.     All of our stores have CCTV footage for security purposes only.

3. Purpose and Use of Information

3.1.Processing includes gathering your PI, disclosing it as stipulated in clause 3.3 below, and combining it with other PI.

We collect and process your PI to:
• provide goods and services to you,
• communicate with you for marketing purposes regarding new products or sale info, personalised products, services, offers and events that we think may be of interest to you;

• analyse (including for historical, statistical or research purposes), develop, continually improve and enhance the use, functionality and performance of our websites and apps, products and services to manage the security of our sites, networks and systems;
• comply with applicable laws, including our obligations to make disclosures to authorities, regulators and government bodies; and
• engage in our legitimate business, related interests, and legal purposes, including but not limited to detecting and preventing fraud and conducting our business as a fashion-value retailer.

3.2. We will not use your PI other than for the purpose for which it was provided or collected, and in accordance with our legitimate interests and legal obligations.

3.3.  When, how, and with whom we share your personal information. 

In general, we will only share your personal information if any one or more of the following apply:

• If you have consented to this
• If it is necessary to conclude or perform under a contract, we have with you
• If the law requires it; and / or
• If it’s necessary to protect or pursue your, our or a third party’s legitimate interest

3.4.  When required, each member of Xtra may share your personal information with the following persons. These persons have an obligation to keep your personal information secure and confidential.
• Other members of Xtra, its associates, cessionary, delegates, assigns, affiliates, or successors in title and/or appointed third parties (like authorised agents, contractors, and suppliers) for any of the purposes identified in this Privacy Policy
• Our employees as required by their employment conditions
• If the law requires it; and / or
• Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements
• Payment processing service providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers
• Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime
• Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities, and other persons the law requires us to share your personal information with
• Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you
• Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold
• Courts of law or tribunals that require the personal information to adjudicate referrals, actions, or applications;
• Trustees, Executors or Curators appointed by a court of law
• Participating partners in our customer loyalty reward programmes, where you purchase goods, products and service or spend loyaltyd rewards; and/or our joint venture and other partners with whom we have concluded business agreements, for your benefit.