Browns the Diamond Store (PTY) Ltd (“Browns”) registration number 2013/073395/07, with its registered office at 105 Conrad Drive, Blairgowrie, Johannesburg, South Africa, 2194. ("Browns") is a private company incorporated under and governed by the laws of South Africa. Browns operates in the UK and South Africa. We are compliant to both the Protection of Personal Information ("POPI") Act in South Africa, the Data Protection ("DPA") Act and General Data Protection ("GDPR") Act in the UK and Europe, as detailed below.

All of the provisions of this Privacy Notice are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their fact, nature and effect. Where explanations are given, they may be contained in a box. Such boxed explanations are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the provisions, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.

At Browns the Diamond Store your privacy matters to us. We realise that you have trusted us with your personal information and we plan to respect that trust in the way in which we collect, use and store your personal information. We have created this privacy notice with the aim to keep you informed and empowered. This Privacy Statement outlines our practices when it comes to personal information and it forms part of the terms and conditions for our credit products, Browns Loyalty Club, lay-bys, e-commerce, employment relationships and relationships with our customers and service providers.

We want you to understand who you are sharing your personal information with, what kind of information we are collecting and how we use the information. In your day to day dealings with Browns the Diamond Store we obtain information about you. We want you to know exactly what that information is and what we do with it. After all, trust is nothing without transparency.

We need client personal information to create your profile for transactions as well as any potential discounts. Your information is important to us – we could not do what we do without having accurate information about you. We ask for client information to make sure that each client has a unique and identifiable profile.

The Protection of Personal Information Act (POPI) and the General Data Protection Regulation (GDPR) protects you. The POPI and GDPR are aimed at protecting your personal information and prescribes what we must and must not do with it. POPI and GDPR creates an Information Regulator who checks that companies like Browns the Diamond Store manage personal information in a responsible manner that respects your privacy. The GDPR covers our UK and European clients where the POPI covers all other clients.

Other legislation applies to your personal information. There may be pieces of legislation which oblige us to use your personal information.

This privacy notice is part of our agreement with you. This privacy notice forms part of our agreement with you. You should read it with the terms and conditions applicable to your relationship with us. These terms and conditions can be accessed at https://brownsjewellers.com/TermsAndConditions

From time to time we will change this notice. From time to time we may have to change this notice to accommodate changes in our business or services or changes to the law.

By agreeing to this Privacy Notice, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your personal information in the manner set out in this Privacy Notice.

In the paragraph above you expressly give your permission to us to access and use your personal information in the manner and for the purposes set out in this Privacy Notice. By doing this, you know and accept that you are giving up certain parts of your right to privacy.

If you do not agree with this Privacy Notice, or are concerned about any aspect as it relates to your personal information, please do not continue to use the Website.

When you want to purchase from Browns the Diamond Store, we would have collected your personal information to make that happen. If you are a member of the Browns Loyalty programme we collect your personal information. We require information such as:

• Your Details and/or Spousal Details:
  • Name, Contact Number and Email Address, Anniversary Date, Birthday, Age Group, Your Address and Country of Residence, Client Population Group, Gender, Ring Size
• Analytical Data:
  • Details of the resources that you access to visit our website (for example, URL addresses, traffic data etc.)
  • Information about the type of device you have used to visit our website, your device settings, and the cause of any system errors. Your device manufacturer or operating system provider will have further details on what information your device makes available;
• Other Data:
  • Any other form of personal information that we may reasonably require to offer any of our products or services to you

We conduct surveys from time to time. We send out surveys from time to time. You can choose to respond or not and you can unsubscribe from receiving them.

We collect information while you use our website. When you visit the https://brownsjewellers.com website we collect standard information about your internet connection and website-usage. We use this information to help us make improvements to our website and online services. Examples of this information include but are not limited to the URL you came from, IP address, domain type, browser type, and any search terms you entered on our website (user information).

We use cookies to optimise your website experience, but you can opt out. We use cookies to identify the computer device with which you connect to our website. We use anonymous cookies to collect data about how you use our Website, so that we can improve and optimise your Website experience. We use the anonymous DoubleClick cookie and Google Analytics cookie to optimise your web experience and provide relevant advertising on the Google Display Network based on the activity of visitors to our Website. you can refuse the use of certain cookies through your Google personalization settings anytime by visiting g.co/privacytools. You can also manage cookies in your browser.

What is a cookie?

“Cookies” are small text files a web site can use to recognise repeat users, facilitate the user’s ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. We use cookies to record information such as wish list, shopping selections and to record user-specific information on the pages the visitor selects for viewing. 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; however, if you choose to reject all cookies, you may be unable to use parts of the site.

We collect information when you contact our Head Office. The calls are recorded for quality control and record-keeping purposes. We collect information that helps us to categorise your query, respond to it and, to investigate. We also use this information to track potential problems and trends to customise our support responses to provide a better service to you. All calls are recorded for quality control and record-keeping purposes.

We don’t collect the information of persons under 18. We do not collect the information of persons under 18 without the consent of their parents or guardians. Any records found or highlighted to be of persons under 18 will be deleted. If you are under the age of 18 you must not provide personal information to us without the consent of your parent or guardian.

Our facilities are monitored by CCTV cameras. Our facilities are monitored by CCTV cameras for public safety, crime prevention and quality control.

We use your personal information to provide our products and services to you. We also use your personal information:

• when sending you your statement and any other legal documents;
• for any other purposes relating to the provision of our products and services;
• to assess your credit application when you purchase on Layby or open a Browns Financial Services Account;
• to manage and administer your credit account, Browns Loyalty Club, lay-by transactions, and your online shopping profile;
• to collect a payment from you;
• to contact you to market our value added products and other offerings which you may be interested in, provided that you have agreed to receive such offers;
• to protect our legal rights and carry out any legal obligations;
• to improve personalised marketing offers to you by monitoring your buying patterns and using credit bureau data;
• to manage your employment relationship or potential employment relationship with us;
• to test changes to various IT systems, applications and for the purposes of training;
• to the extent necessary in terms of Occupational Health and Safety laws, in relation to your presence at one of our stores.

There will also be instances where we are required by law or have another justification to process your information.

We have a legitimate interest to process your personal information in order for us to promote our business, brands and products and services:

• to contact you with information about our products and services after we presented you with an option to opt-in (e.g. using a tick box on the credit application);
• to deliver tailored advertising (including via social media);
• to personalise our marketing communications based on your attributes/profile;
• to administer and monitor our website and apps, including to ensure that content is presented in the most effective manner for you and for your device, and to allow you to participate in interactive features when you choose to.

Only your email address, name and surname, contact details and such other information as we specify from time to time, constitutes compulsory information. All other information is optional. If you do not agree to share compulsory information with us, then you will not be able to make full use of the features that are offered to clients. If you do not agree to share your optional information with us, then you might not be able to enjoy all of the features we offer, including functionality on the Website.

In the paragraph above, you agree and accept that there is certain compulsory information you must provide us with if you want to enjoy all of the features and functionality on the Website. If you decide not to provide us with such compulsory information, you agree that we may limit certain features and functionality on the Website.

The Browns Loyalty Club consists of five tiers. If you take part in Browns Loyalty Club programme your personal information will also be used to create an account for you, and to make sure that you receive the benefits promised by the programme. Some personal information, such as previous sales, are required to join the loyalty club.

We only share your PI with companies which help us to provide our services to you and who have agreed to keep the PI secure, confidential and to only use it for authorised purposes. Your privacy is important to us, which is why it is our policy not to share your personal information with other companies unless it is necessary.

We do make use of suppliers or service providers who we trust to provide services to us and sometimes that involves sharing your information with them. They operate under strict requirements aimed at keeping your personal information secure and confidential and they will only use it for the purpose for which we have sent it to them.
We will share your personal information:

• to transmit information regarding your credit application and account to a registered credit bureau, the South African Credit and Risk Reporting Association, and any other organisation representing credit bureaus;
• to manage and operate your account i.e. sending you communication;
• to instruct our debt collectors or attorneys in the event that your account is in arrears;
• to submit reports to any of our regulators, SARS or Ombuds;
• to maintain any special offers/products/subscriptions/services you have taken up with us, and/or to maintain your insurance cover (if applicable) with the relevant service provider;
• to provide information to our core service providers and third party platforms as required for our business to function; for example, picking, packaging and processing orders, fulfilling deliveries, customer support, fraud detection, credit risk reduction checks and IT systems support; insurance cover (if applicable) with the relevant service provider;
• with services such as those offered by Google, Facebook, Instagram and other similar social media platforms to better tailor our marketing communications and for targeted advertising. As part of this process, some personal information, such as your e-mail address, is provided to the relevant third party, however for security purposes this data is “hashed” prior to being shared. Hashing is a process of identity masking or “pseudonymisation” which means we do not disclose your e-mail address but this still enables linking between your social media presence and our records.

You have the right to know what personal information we have about you, to correct it and to opt out of any marketing. You have the right to:

• ask what personal information we hold about you;
• ask what information was sent to our suppliers, service providers or any other third party;
• ask us to update, correct or delete any out-of-date or incorrect personal information we hold about you;
• unsubscribe from any direct marketing communications we may send you; object to the processing of our personal information. There is also a self-service option to unsubscribe or edit any marketing emails and lists you are subscribed to.
• If you want us to delete all personal information we have about you, you will have to terminate all agreements you have with Browns the Diamond Store. We cannot maintain our relationship with you without having some of your personal information.
• Applications for accessing, updating, restrictions in processing, objecting, portability requests and deleting your information must be emailed to popia@brownsjewellers.com
• We will respond within 30 days of receiving your request.
• We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights. You can request access to the information we hold about you by contacting popia@brownsjewellers.com
• We keep your personal information for as long as any contractual and legal requirements, credit risk, fraud detection and customer service periods require, as well as to comply with regulatory requirements, and the resolution of disputes or fraud prevention.

From time to time, Browns the Diamond Store may need to transfer to and/or store your personal information on servers in a jurisdiction other than South Africa, and we hereby notify you, and you acknowledge, that such jurisdiction may not have comparable data protection legislation.

If the jurisdiction to which personal information is transferred does not have laws which provide for the protection of personal information in a manner which is at least similar to the protections afforded under South African law, we will take reasonably practicable steps to ensure that your personal information is adequately protected in that jurisdiction. Browns the Diamond Store endeavours to transfer personal information to countries which offer the same level of protection as the Protection of Personal Information Act and/or the transfer is in terms of an agreement which provides an adequate level of protection.

In this paragraph, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your personal information will not be secure when it is transferred through technology. We do not promise that we can keep your personal information completely secure. You will not be able to take action against us if you suffer losses or damages in these circumstances.

Protecting and securing your information is very important to us and we will take all reasonable and practicable steps to ensure that your personal information is secure. We stay up-to-date with industry best practice and the latest technologies. Should you have any questions regarding the safety of your personal information you are welcome to contact our Information Officer via popia@brownsjewellers.com

We take your privacy and the security of your personal information seriously. We have implemented reasonable security safeguards to protect the personal information that you provide. We regularly monitor our systems for possible vulnerabilities and attacks. As no system is perfect we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

Please note that any email you send to us is not encrypted and may be monitored by us. Please do not send us sensitive or confidential personal information by means of email. Instead contact our Head Office at +27 (0)860 BROWNS (276967)

We will inform you if your privacy is ever compromised. Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy. We let you know of any breaches which affect your personal information.

You have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPIA.

To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.

We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.

If this Privacy Notice or any provision in this Privacy Notice is regulated by or subject to POPI or other laws, it is not intended that any provision of this Privacy Notice contravenes any provision of POPI or such other laws. Therefore all provisions of this Privacy Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI and such other laws are complied with.

No provision of this Privacy Notice:

• does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
• requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
• limits or excludes any warranties or obligations which are implied into this Privacy Notice by POPI (to the extent applicable) or other applicable laws or which we give under POPI (to the extent applicable) or other applicable laws, to the extent that the law does not allow them to be limited or excluded.