Privacy Policy

Privacy Policy

We are very pleased with your interest in our company. It is generally possible to use our websites without providing any personal data. However, if an individual wishes to use special services of our company via our website, it may become necessary to process personal data. If processing personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the affected individual.

The processing of personal data, such as the name, address, email address, or telephone number of an affected individual, is always in accordance with the General Data Protection Regulation (GDPR) and in compliance with the applicable national data protection regulations. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs affected individuals about their rights.

As the data controller, we have implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, affected individuals are free to transmit personal data to us via alternative means, such as by phone.

Definitions

This privacy policy is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

  1. a) Personal Data Personal data refers to any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or one or more specific factors expressing the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
  2. b) Data Subject A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
  3. c) Processing Processing refers to any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
  4. d) Restriction of Processing Restriction of processing is marking stored personal data with the aim of limiting its processing in the future.
  5. e) Profiling Profiling refers to any form of automated processing of personal data that involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects related to work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
  6. f) Pseudonymization Pseudonymization refers to the processing of personal data in a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.
  7. g) Controller or Data Controller The controller or data controller is the natural or legal person, public authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of Member States, the controller or the specific criteria for its designation may be provided for by Union or Member State law.
  8. h) Processor A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
  9. i) Recipient A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, whether or not they are a third party. However, public authorities that may receive personal data in the course of a particular inquiry in accordance with Union law or the law of Member States are not considered recipients.
  10. j) Third Party A third party is a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
  11. k) Consent Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or a clear affirmative action, signify agreement to the processing of personal data relating to them.

Name and Address of the Data Controller

The controller in terms of the General Data Protection Regulation (GDPR), other applicable data protection laws in the Member States of the European Union, and other data protection-related provisions is:

OOSA Distribution & Design GmbH
Steinsdorfstraße 10
80538 Munich
Germany
Email: office@outofsouthafrica.com
Commercial Register No.: HRB 293277

Cookies / SessionStorage / LocalStorage

Our websites use so-called cookies, LocalStorage, and SessionStorage to make our offerings more user-friendly, effective, and secure. Local Storage and SessionStorage are technologies that allow your browser to store data on your computer or mobile device. Cookies are text files placed and stored on a computer system via an internet browser. You can prevent the use of cookies, LocalStorage, and SessionStorage by adjusting the settings in your browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string that allows websites and servers to assign the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified by the unique cookie ID.

By using cookies, we can provide users of this website with more user-friendly services that would not be possible without setting cookies. For example, cookies allow us to recognize users of our website, which helps make their use of the website easier. For instance, a user of a website that uses cookies does not need to enter login credentials every time they visit the site, as this is managed by the cookie stored on their computer system. Another example is the shopping cart cookie in an online store. The online store uses a cookie to remember the items a customer has placed in their virtual shopping cart.

The data subject can prevent the setting of cookies by our website at any time by adjusting the settings in their internet browser and thus object to the setting of cookies permanently. Furthermore, cookies that have already been set can be deleted at any time through an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in their internet browser, not all functions of our website may be fully usable.

Collection of General Data and Information

The website collects a range of general data and information with each visit by a data subject or an automated system. This general data and information is stored in the server log files. The following data may be collected: (1) types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which the accessing system arrived at our website (so-called referrer), (4) the sub-websites accessed via the accessing system on our website, (5) date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to protect against hazards in the event of attacks on our information technology systems.

When using this general data and information, no conclusions are drawn about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymized data and information are evaluated statistically to improve data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymized data from server log files are stored separately from any personal data provided by the data subject.

Registration on Our Website

The data subject has the option to register on the data controller’s website by providing personal data. The personal data transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who will use the personal data solely for internal purposes attributable to the data controller.

By registering on the data controller’s website, the IP address assigned by the Internet service provider (ISP) to the data subject, the date, and the time of registration are also stored. This data is stored to prevent misuse of our services and to allow for the clarification of any crimes committed. Thus, the storage of this data is necessary to secure the data controller’s interests. Data is not generally shared with third parties unless there is a legal obligation to do so or if it serves criminal prosecution.

The registration of the data subject, with the voluntary provision of personal data, serves the data controller to offer the data subject content or services that can only be offered to registered users due to their nature. Registered individuals can change their personal data provided during registration at any time or have it completely removed from the data controller's database.

The data controller provides each data subject with information on request about which personal data concerning them is stored. Additionally, the data controller will correct or delete personal data upon request or notification from the data subject, as long as there are no legal retention obligations to the contrary. The entire staff of the data controller is available to the data subject as contact persons in this regard.

Contact Options via the Website

The website includes information required by law that enables quick electronic contact with our company and direct communication with us, including a general electronic mail address (email address). If a data subject contacts the data controller by email or through a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as required by European or other applicable laws and regulations to which the data controller is subject.

Once the storage purpose no longer applies or a storage period required by European or other applicable laws expires, personal data is routinely and according to legal requirements blocked or deleted.

Rights of the Data Subject

  1. a) Right to Confirmation Every data subject has the right granted by the European legislator to obtain from the data controller a confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the data controller at any time.
  2. b) Right to Access Every data subject has the right granted by the European legislator to obtain from the data controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. The European legislator has granted the data subject the right to information on:
  • the purposes of processing,
  • the categories of personal data being processed,
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations,
  • if possible, the planned duration of storage or, if not possible, the criteria used to determine this duration,
  • the existence of the right to rectification or erasure of personal data or restriction of processing by the data controller or the right to object to such processing,
  • the existence of a right to lodge a complaint with a supervisory authority,
  • if the personal data was not collected from the data subject, all available information about the source of the data,
  • the existence of automated decision-making, including profiling, under Article 22(1) and (4) GDPR, and — at least in these cases — meaningful information about the logic involved, as well as the significance and consequences of such processing for the data subject.

Additionally, the data subject has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject has the right to obtain information about the appropriate safeguards related to the transfer.

If a data subject wishes to exercise this right to access, they may contact an employee of the data controller at any time.

  1. c) Right to Rectification Every data subject has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of processing, to request the completion of incomplete personal data — including by providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact an employee of the data controller at any time.

  1. d) Right to Erasure (Right to be Forgotten) Every data subject has the right granted by the European legislator to request the data controller to erase personal data concerning them immediately if one of the following reasons applies and processing is not necessary:
  • The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  • The data subject withdraws their consent on which the processing is based under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for processing.

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  • The data subject may object to the processing of their personal data according to Article 21(1) GDPR if there are no overriding legitimate reasons for processing, or if the data subject objects to the processing according to Article 21(2) GDPR. 
  • The personal data has been processed unlawfully. 
  • The deletion of personal data is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject. 
  • The personal data was collected in relation to services offered by the information society according to Article 8(1) GDPR. 
  • If any of the above reasons apply and a data subject wants to request the deletion of personal data that is stored, they can contact a staff member of the controller at any time. The staff member will ensure that the deletion request is promptly addressed.

If personal data has been made public and our company is obliged to delete the personal data as the controller according to Article 17(1) GDPR, we will take reasonable measures, including technical measures, considering available technology and implementation costs, to inform other data controllers processing the published personal data that the data subject has requested the deletion of all links to these personal data or copies or replicas of these personal data, where processing is not required. The staff member will take the necessary actions on a case-by-case basis.

Right to Restriction of Processing

Each data subject has the right granted by the European legislator to request the restriction of processing from the controller if one of the following conditions is met:

  1. The accuracy of the personal data is contested by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
  2. The processing is unlawful, and the data subject opposes the deletion of the personal data and requests instead the restriction of the use of the personal data.
  3. The controller no longer needs the personal data for processing purposes, but the data subject needs them to assert, exercise, or defend legal claims.
  4. The data subject has objected to processing under Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If any of the above conditions are met and a data subject wants to request the restriction of personal data that is stored, they can contact a staff member of the controller at any time. The staff member will ensure that the processing restriction is implemented.

Right to Data Portability

Each data subject has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract according to Article 6(1)(b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, the data subject has the right, in the exercise of their right to data portability according to Article 20(1) GDPR, to obtain that the personal data be transmitted directly from one controller to another, where technically feasible, and provided that this does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, the data subject may contact us at any time.

Right to Object

Each data subject has the right granted by the European legislator to object, on grounds related to their particular situation, at any time to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

If we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing purposes. This also applies to profiling to the extent it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

The data subject also has the right to object, on grounds related to their particular situation, to the processing of personal data concerning them for scientific or historical research purposes or for statistical purposes according to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee directly. The data subject may also exercise their right to object to the use of information society services, irrespective of Directive 2002/58/EC, using automated means where technical specifications are used.

Automated Decisions in Individual Cases Including Profiling

Each data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on Union or Member State laws to which the controller is subject, and these laws provide for appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, we will take appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If a data subject wishes to exercise rights related to automated decisions, they can contact a staff member of the controller at any time.

Right to Withdraw Consent

Each data subject has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If a data subject wishes to exercise their right to withdraw consent, they can contact a staff member of the controller at any time.

Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for processing activities where we obtain consent for a specific processing purpose. If processing personal data is necessary for the performance of a contract to which the data subject is a party, such as processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for the execution of pre-contractual measures, such as in the case of inquiries concerning our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for compliance with tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case if a visitor were injured on our premises and their name, age, health insurance data, or other vital information needed to be disclosed to a doctor, hospital, or other third parties. In such cases, processing would be based on Article 6(1)(d) GDPR.

Finally, processing activities could be based on Article 6(1)(f) GDPR. This legal basis covers processing activities not covered by any of the aforementioned legal bases if processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. Such processing activities are particularly permitted because they were specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

Legitimate Interests Pursued by the Controller or a Third Party

If processing personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business operations in favor of the well-being of all our employees and shareholders.

Duration of Personal Data Storage

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiration of the period, the corresponding data is routinely deleted, provided it is no longer necessary for the performance of the contract or for the initiation of a contract.

Legal or Contractual Requirements for Providing Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Providing

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may arise from contractual provisions (e.g., information about the contracting party). Sometimes, it may be necessary to provide personal data to conclude a contract, which will then be processed by us. The data subject is obligated to provide personal data when our company enters into a contract with them. Failure to provide personal data would mean that the contract could not be concluded.

Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide personal data, and the consequences of not providing personal data.

Existence of Automated Decision-Making

As a responsible company, we do not use automated decision-making or profiling.

General Cookies

The following cookies are considered technically necessary cookies.

Use of Cookies

Our website uses cookies to enhance functionality, performance, and user experience. Below is an overview of the different types of cookies we use:

  1. Essential Cookies These cookies are necessary to ensure the operation of our website. They enable basic functions such as security, network management, and accessibility. Without these cookies, the website cannot function properly. Example: _shopify_fs, _shopify_s, _secure_session_id
  2. Performance Cookies These cookies collect information about how visitors use our website. They help us understand which areas of the website are most popular, how visitors navigate the site, and whether they encounter error messages. Example: _ga, _gid, _gat
  3. Functional Cookies Functional cookies allow our website to remember your choices (e.g., language or region) and provide enhanced, personalized features. Example: _shopify_country, _secure_customer_sig, storefront_digest
  4. Advertising Cookies These cookies are used to deliver relevant advertising tailored to your interests. They also limit the number of times you see an advertisement and help measure the effectiveness of advertising campaigns. Example: _fbp, _gcl_au
  5. Analytical Cookies Analytical cookies collect information that helps us understand how our website is used or how effective our marketing campaigns are. Example: _landing_page, _orig_referrer, _s
  6. User Behavior Cookies These cookies are used to understand visitor behavior and improve the shopping experience. They include functions like displaying recently viewed products or recovering shopping carts. Example: cart_sig, _cart, _cart_ts
  7. Third-Party Cookies We also use third-party services, such as Google and Facebook, which may store cookies on your device. These cookies are set by third parties and can be used for various functions, such as advertising targeting or social interactions. Example: Cookies set by Google Analytics, Facebook Pixel, or Google AdSense

Managing Cookies

You have the option to control or prevent the storage of cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of our website.

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