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PRIVACY POLICY

PRIVACY POLICY

Dr Brian Franks

Thank you for visiting our website, we request that you read our Privacy Policy in its entirety.

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act no. 4 of 2013 (“POPI Act”).

At 'Dr Brian Franks' we are committed to protecting your privacy and ensuring your personal information is collected and used lawfully and transparently.

 

This Privacy Policy, in conjunction with our Terms and Conditions and Cookie Policy (add link) provides the basis for which personal information collected from you, or provided to us from you will be processed by us.

In adopting this Privacy Policy, we aim to ensure your Personal Information is processed lawfully.

 

By continuing to use this website, you consent to the processing of your Personal Information to the extent provided for in this Privacy Policy, and you agree to the Terms and Conditions and Cookie Policy.

Definition of personal information

 

According to the POPI Act, Personal information is defined as,

“information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person…”.

As relevant to the information we collect, this definition explicitly includes as personal information, the following:

·         Any identifying number;

·         Symbol;

·         e-mail address;

·         physical address;

·         telephone number;

·         location information;

·         online identifier; or

·         other particular assignment to the person.

 

Our legal basis for the collection of your information

In accordance with the POPI Act, our legal basis for the collection and processing of your personal information is consent. Consent is explicitly provided by you in agreeing with the terms provided herein by continuing to use this website.

 

What type of information does Dr Brian Franks collect from you and for what purposes?

We collect and process your personal information mainly to

·         Serve relevant adverts

·         Process payments

·         Fulfill deliveries

·         Create customer accounts

·         Develop personalised profiles

·         Contact you when necessary

For this specified purpose, we collect the following information as is necessary to provide our content and services:

This may include information that can directly or indirectly may identify you.

Specifically, personal information may include;

·         First and last name;

·         Screen name;

·         Profile pictures.

·         Email address & other contact information;

·         Postal address & other information;

·         Date of birth;

·         IP address.

We may also collect additional information, such as;

·         Your interests, preferences, online behavior, geographical location, demographics information.

On occasion we may combine Personal Information with additional information to develop a customer profile as required by our business operations.

We aim to limit the collection of personal information only to that in which you consent to (personal information collected through email correspondence, online registration, agreement with terms and conditions and this policy, surveys, polls, mobile services).

 

When visiting our website, our web-server automatically collects specific information (this information cannot directly identify you):

·         The name of your ISP;

·         Prior website visited;

·         The pages on our site and what sequence;

·         Length of time visited.

 

We, and specific third-parties and partners may utilise cookies or similar tracking technologies to send information to your computer, in order to enhance your online experience by providing you with specialised, specific content based on your own preferences, and allow us to analyze traffic on the website.

Web beacons used? To track use of sites, whether emails have been opened, etc.

 

Passive information collection – personal information collected from mobile device? May include:

·         Contact details;

·         Device;

·         Device event information;

·         Site activity information;

·         Log information;

·         Telephony log information;

·         Location information;

·         Other information your device may permit us to collect.

How do we use your information?

The use of your personal information will only be for the original purpose of the collection of your personal information as agreed to, and in the event of further processing, for a purpose compatible with that original purpose.

We may use your personal information to:

·         Provide services or content such as emails, electronic newsletters, or other services in which you expressed interest;

·         Verify your identity to enable you access to our website to purchase products or services;

·         Inform you of ongoing or new changes to our website;

·         Inform you of products, services, promotions, new or relevant content, competitions, or other information you may find interesting;

·         Respond to queries you may have;

·         Develop your online profile;

·         Develop your online membership/ membership profile;

·        Use analytic services to understanding ongoing trends and patters, so we may develop or improve on strategies as necessary for our operational purposes;

·         Comply with security, administration and legal requirements.

Additionally, where necessary your information may be retained or transferred for legal purposes. 

For example:

  • To gather contact information;

  • To confirm and verify your identity or to verify that you are an authorized user for security purposes;

  • For the detection and prevention of fraud, crime, money laundering or other malpractice;

  • To conduct market or customer satisfaction research or for statistical analysis;

  • For audit and record keeping purposes;

  • In connection with legal proceedings.

 

Using your personal information for marketing purposes

Should we obtain your prior consent, your Personal Information may be used for marketing purposes, such as:

· Promoting our services.

· Marketing our upcoming events and products, or the upcoming events or products of listed third-parties.

· You have the right to request to be unsubscribed from our marketing, or request for us to desist from using your Personal Information for the purposes of marketing. We will provide the functionality for you to do this each time we send you marketing messages.

Disclosure of information

Your personal information may be disclosed to any 3rd parties. We have agreements in place to ensure that they comply with the privacy requirements as required by the POPI Act and GDPR.

We may also disclose your information:

  • Where we have a duty or a right to disclose in terms of law or industry codes;

  • Where we believe it is necessary to protect our rights;

  • For purposes of civil or criminal proceedings.

Information Security

We are legally obliged to provide adequate protection or security for the personal information we hold and to prevent unauthorised access and use of personal information, as reasonably possible. We cannot however guarantee that your Personal Information will be 100% secure.

 

Our security policies and procedures include:

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

 

How we keep your information secure:

· Store Personal Information in The United Kingdom. Transfer PI to central database in UK and mirrored on secure servers in other countries. If other country doesn’t have same or similar laws – ensure equal protection through contract/ take necessary steps to ensure the same level of protection/ adequate protection.

·  Not stored for longer than necessary to meet the requirements of the privacy policy/ for the purposes as described in the privacy policy/ original purpose of collection as described in the privacy policy.

 

Your Rights:

Access to Your Personal Information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us and specify what information you require.  You will be required to provide us with ID Documents prior to receiving access to your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.   

Correction of Your Personal Information

You have the right to request correction or deletion of your personal information where your personal information is inaccurate, irrelevant, excessive, out of data, incomplete, misleading or unlawfully obtained. We will require a copy of your ID document to confirm your identity prior to making changes to your personal information we hold about you.

Governing Law

This Privacy Policy shall and the contents thereof will be governed by the law of the United Kingdom

Any provision of this Privacy Policy deemed illegal and thus void and unenforceable will be severable to that extent without prejudice to any provision of this Privacy Policy not deemed the same way unless the opposite is held by a competent court with jurisdiction.

GDPR

Policy key definitions:

  • "I", "our", "us", or "we" refer to the business, Dr Brian Franks.

  • "you", "the user" refer to the person(s) using this website.

  • GDPR means General Data Protection Act.

  • PECR means Privacy & Electronic Communications Regulation.

  • ICO means Information Commissioner's Office.

  • Cookies mean small files stored on a users computer or device.

Key principles of GDPR:

Our privacy policy embodies the following key priciples; (a) Lawfullness, fairness and transpatrency, (b) Purpose limitation, (c) Data minimisation, (d) Accurancy, (e) Storage limitation, (f) Integrity and confidence, (g) Accountability.

Your individual rights

Under the GDPR your rights are as follows. You can read more about your rights in details here;

  • the right to be informed;

  • the right of access;

  • the right to rectification;

  • the right to erasure;

  • the right to restrict processing;

  • the right to data portability;

  • the right to object; and

  • the right not to be subject to automated decision-making including profiling.

You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data.

We handle subject access requests in accordance with the GDPR.

 

Internet cookies

We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content or refer you to a third party website.

Some cookies are required to enjoy and use the full functionality of this website.

We use a cookie control system which allows you to accept the use of cookies. Some cookies will be saved for specific time periods, whereas others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.

This policy refers to the term ‘Cookie’ which includes cookies, and other similar tracking technologies as defined in the EU e-privacy regulation.

By continuing to use this website without changing the settings, you consent to our use of cookies. 

 

What is a Cookie?

A cookie is a small text file, downloaded to your computer or mobile device when visiting a website or application. The website or application asks your browser to store the cookie on your computer or mobile device. The cookie allows the website to recognize your actions and/ or preferences over time. 

These are supported by most internet browsers; however, users may set their browsers to decline certain or specific types of cookies. Cookies may further be deleted at any time. 

Why do we use cookies?

We utilize cookies to learn your interaction with our content, and thus to improve and tailor your experience when visiting our website. 

For example:

• Some cookies may remember your language of preference.

• Some cookies may remember your behavioral preferences so these choices need not be made every time you access our website. 

• Cookies may be used to determine your geolocation when calculating shipping costs, or travel distance to the nearest retailer stocking our goods. 

• We may use cookies to provide you with tailored content, advertisements, offers, specials, targeted advertisements, or re-market products to you based on your interests. 

What types of cookies do we use? 

• First and Third-Party Cookies.

• Session Cookies.

• Persistent Cookies.

 

How are cookies used for advertising purposes?

Cookies and other relevant tracking technologies help us deliver relevant advertisements to you, in a more effective manner. They enable us to collect aggregated data, and performance reporting for advertisers. They allow us to determine what advertisements have been sent to you, thus enabling improved understanding and delivering of advertisements to you. 

This may be opted out from, however in such an event, it will not prevent advertisements from being displayed to you, but rather prevent relevant advertisements based on your interests from reaching you. 

 

How are third-party cookies used?

Some functionality on our website utilises third-party suppliers, for example through links to products not of ours. When visiting a page with embedded links to listed third-parties, these may contain third party cookies, to which we ask that you consult their Privacy Policies as well regarding their use of cookies. 

 

How can I delete or block cookies from my computer?

You may choose to clock or delete all or specific types of cookies by clicking on our cookie preferences on our website. This will allow you to change your preferences for our website.

Alternatively, you can consult the settings on your browser to allow you to change the preferences for our, or third-party websites. 

It must be noted that most browsers automatically accept cookies, meaning you must actively consult your settings should you wish to block or delete cookies permanently. This may however affect the functionality of ours, or specific third-party websites as a result.  

 

By using our website without deleting or rejecting cookies, you agree that we can place cookies that have not been deleted or rejected on your device. 

 

The use of Google Analytics

Our website uses Google Analytics. This is a web analytics service, provided by Google Inc (Google). This service uses cookies, in line with the definition as provided in this Cookie Policy, in order to analise how users interact with our website. This information generated will be transferred to and stored by Google in the United States of America. This information will be used by Google to evaluate your use on this website, and compile reports on the activity on our website for website operators, and provide other services relating to website activity and internet usage. 

Google may transfer this information to third-parties when required by law, or where third parties process the information on behalf of Google under a processing agreement. Your IP address will not be associated by with other data stored or held by Google. 

You may refuse the use of cookies by changing the settings on your browser, or through the functionality as provided through our website (add link to cookie settings). This may however affect the full functionality of this website. 

By continuing to use this website, without changing cookie preferences on this site, or on your browser, you consent to the use of cookies and the processing of data produced as a result, by Google for the above mentioned purposes. 

 

 

Data security and protection

We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.

Fair & Transparent Privacy Explained

We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.

 

Sponsored links, affiliate tracking & commissions

Our website may contain adverts, sponsored and affiliate links on some pages. These are typically served through our advertising partners; Google Adsense, eBay Partner Network, Amazon Affiliates, or are self served through our own means. We only use trusted advertising partners who each have high standards of user privacy and security. However we do not control the actual adverts seen / displayed by our advertising partners. Our ad partners may collect data and use cookies for ad personalisation and measurement. Where ad preferences are requested as 'non-personalised' cookies may still be used for frequency capping, aggregated ad reporting and to combat fraud and abuse.

Clickable sponsored or affiliate links may be displayed as a website URL or as a titled text link like this: How To Start A Blog.

Clicking on any adverts, sponsored or affiliate links may track your actions by using a cookie saved to your device. You can read more about cookies on this website above. Your actions are usually recorded as a referral from our website by this cookie. In some cases we may earn a small commission from the advertiser or advertising partner, at no cost to you, whether you make a purchase on their website or not.

We use advertising partners in these ways to help generate an income from the website, which allows us to continue our work and provide you with the best overall experience and valued information.

If you have any concerns about this we suggest you do not click on any adverts, sponsored or affiliate links found throughout the website.

 

Email marketing messages & subscription

Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the "Processing of your personal data" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.

Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.

 

Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, you can also unsubscribe from all MailChimp lists, by following this link, otherwise contact the EMS provider.

We hold the following information about you within our EMS system;

  • Email address

  • I.P address

  • Subscription time & date

Digital Content rights

Download of STL files or other digital content is authorised for personal use. A chargeable distribution agreement can be negotiated and agreed with Dr Brian Franks for authorised sharing and distribution by email, download link or any other electronic marketing or distribution of content. Please email through the contact page for further details.

 

Resources & further information

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