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    • Privacy policy

    Privacy Policy

    Last updated: April 2026  |  Effective: July 2021  |  smael.co.za

    At Smael South Africa, your privacy matters to us. This Privacy Policy explains what personal information we collect, why we collect it, how we use and protect it, and what your rights are — in plain language, in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

    Contents
    1. Who We Are (Responsible Party)
    2. What Personal Information We Collect
    3. How We Collect Your Information
    4. How We Use Your Personal Information
    5. Who We Share Your Information With
    6. Cookies and Tracking Technologies
    7. How We Protect Your Information
    8. How Long We Keep Your Information
    9. Your Rights Under POPIA
    10. Direct Marketing
    11. Children's Privacy
    12. Third-Party Links
    13. Changes to This Policy
    14. Contact Us

    1. Who We Are (Responsible Party)

    Under POPIA, the entity that determines the purpose and means of processing your personal information is the Responsible Party. For all interactions on smael.co.za, that is us:

    🛡️
    Smael South Africa (Formula Tune-ups CC) Trading as Smael South Africa · smael.co.za · Kempton Park, Gauteng, South Africa
    Information Officer: Tersius le Roux · support@smael.co.za

    2. What Personal Information We Collect

    We only collect personal information that is necessary and relevant to process your order, deliver your purchase, and communicate with you. We collect the following categories:

    Identity Information
    Your full name as provided at checkout
    Contact Information
    Email address, phone number, billing and shipping address
    Account Information
    Login details (if you create an account), purchase history, and preferences
    Technical Information
    IP address, browser type, device information, and pages visited
    Marketing Preferences
    Whether you have opted in to receive marketing communications
    Communication Records
    Emails or WhatsApp messages sent to our support team
    We do not collect or store payment card details. All payments are securely processed by PCI-DSS compliant third-party processors — PayFast, HappyPay, and PayFlex. We never see your card number, CVV, or banking credentials.
    We do not collect sensitive personal information as defined in Section 26 of POPIA — including identity numbers, health data, race, religion, biometric data, or political views.

    3. How We Collect Your Information

    We collect personal information directly from you through the following interactions:

    When we collect your information
    • When you place an order or complete a purchase on smael.co.za.
    • When you create a customer account on our website.
    • When you subscribe to our newsletter or opt in to marketing communications.
    • When you contact us via email, WhatsApp, or social media.
    • When you browse our website — technical data such as your IP address and device type is collected automatically via Shopify's analytics tools and cookies.
    • When you submit a warranty claim or return request.

    4. How We Use Your Personal Information

    We process your personal information only for the specific purposes set out below. We do not use your data for any purpose beyond what is listed here without obtaining your consent first:

    Purposes for processing your personal information
    • Order fulfilment — to process, confirm, and dispatch your purchase.
    • Delivery — to share your delivery address with our courier partner to get your order to you.
    • Customer support — to respond to queries, process warranty claims, and handle returns.
    • Transactional communication — to send order confirmations, shipping notifications, and delivery updates.
    • Marketing (with consent only) — to send promotional offers, new product announcements, or discounts, only if you have opted in. You may unsubscribe at any time.
    • Website improvement — to analyse usage patterns and improve the browsing experience on our site.
    • Fraud prevention and legal compliance — to detect and prevent fraudulent transactions, and to comply with applicable South African law.
    We do not sell, rent, or trade your personal information to any third party for their own marketing or commercial use. Your data is used solely to serve your relationship with our store.

    5. Who We Share Your Information With

    We only share your personal information with trusted third parties where it is strictly necessary to fulfil your order or meet our legal obligations. All third parties we work with are required to handle your data securely and in line with POPIA.

    Third parties who may receive your information
    • Shopify Inc. — our e-commerce platform stores and manages order data and customer records on secure, audited servers.
    • Payment processors — PayFast, HappyPay, and PayFlex handle all payment transactions. We do not receive or store your card details.
    • Courier partners — your name and delivery address are shared with our courier service solely for the purpose of delivering your order.
    • Email / marketing platforms — if you have opted in to marketing, your email may be held in our email platform (Shopify Email or equivalent).
    • South African legal authorities — where required by law, court order, or to prevent and investigate fraud.
    • Business transfers — if Smael South Africa is sold, merged, or restructured, your personal information may be transferred to the new responsible party, who will be bound by this policy.

    6. Cookies and Tracking Technologies

    Our website uses cookies — small text files stored on your device — to help the store function correctly and to understand how visitors use our site. South African law (POPIA) does not require a cookie consent banner or pop-up; that is a European requirement under GDPR.

    Types of cookies we use
    • Essential cookies — required for the shopping cart, checkout, and user session management. The store cannot function without these.
    • Analytics cookies — Shopify's built-in analytics collects aggregated, anonymised data about page views, traffic sources, and browsing behaviour to help us improve the site.
    • Preference cookies — may store your selected currency or language for a more consistent browsing experience.

    You can manage or disable cookies at any time through your browser settings. Please note that disabling essential cookies may prevent the shopping cart and checkout from functioning correctly.

    7. How We Protect Your Information

    We take reasonable and appropriate technical and organisational steps to protect your personal information against loss, theft, unauthorised access, disclosure, or misuse:

    Security measures in place
    • SSL/HTTPS encryption — all data transmitted through smael.co.za is encrypted in transit.
    • PCI-DSS compliant payment processing — PayFast, HappyPay, and PayFlex meet international payment security standards. We never handle or store your card details.
    • Shopify platform security — our store is hosted on Shopify, which maintains enterprise-grade security, ISO-certified infrastructure, and regular security audits.
    • Access controls — only authorised personnel may access customer data within our store systems.
    • Minimal data collection — we collect only what is necessary and do not retain data beyond its required period.
    Data breach notification: In the event of a security breach that poses a risk to your personal information, we will notify you and the Information Regulator as soon as reasonably possible, as required by POPIA.

    8. How Long We Keep Your Information

    We retain personal information only for as long as is necessary for the purpose it was collected, or as required by South African law. Once the retention period expires, data is securely deleted or anonymised.

    Retention periods
    • Order records — 5 years, in line with South African tax and financial record-keeping requirements.
    • Customer accounts — for the duration of the account, plus a reasonable period in case of unresolved disputes.
    • Marketing opt-in records — until you unsubscribe or request removal.
    • Support communications — up to 2 years after your last interaction.
    • Warranty records — for the duration of the warranty period plus 6 months.

    9. Your Rights Under POPIA

    As a data subject under POPIA, you have the following rights regarding your personal information. Contact us to exercise any of these rights — we will respond within 30 days:

    📋 Right to Access
    Request a copy of the personal information we hold about you at any time.
    ✏️ Right to Correction
    Request that we correct inaccurate, incomplete, or outdated personal information.
    🗑️ Right to Deletion
    Request deletion of your personal information, subject to our legal retention obligations.
    🚫 Right to Object
    Object to the processing of your personal information, particularly for direct marketing purposes.
    📦 Right to Data Portability
    Receive your personal information in a structured, commonly used format where technically feasible.
    ⚖️ Right to Complain
    Lodge a complaint with the Information Regulator of South Africa if you are unsatisfied with how we have handled your data.
    Information Regulator: www.inforegulator.org.za · inforeg@justice.gov.za · JD House, 27 Stiemens Street, Braamfontein, Johannesburg

    10. Direct Marketing

    We only send marketing communications — emails, SMS, or WhatsApp messages — to customers who have explicitly opted in. This is a requirement under POPIA and the 2025 POPIA Regulation Amendments, which tightened South Africa's rules on electronic direct marketing.

    Every marketing message includes a clear unsubscribe option. Once you opt out, we will stop sending marketing communications promptly and update our records. We maintain a consent register as required by law.

    To unsubscribe at any time: click "Unsubscribe" in any email, reply "STOP" to any SMS, or contact us directly at support@smael.co.za.

    11. Children's Privacy

    Our website is not intended for, and does not knowingly market to, children under the age of 18. We do not knowingly collect personal information from minors. If you believe a child has provided us with personal information without parental consent, please contact us immediately and we will delete it.

    12. Third-Party Links

    Our website may contain links to third-party websites — for example, our social media profiles or payment provider pages. We are not responsible for the privacy practices or content of those external sites. We encourage you to review their privacy policies before providing any personal information to them.

    13. Changes to This Privacy Policy

    We may update this Privacy Policy from time to time to reflect changes in our practices, the products we offer, or applicable law. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of smael.co.za after any update constitutes acceptance of the revised policy.

    14. Contact Us

    If you have any questions about this Privacy Policy, wish to exercise your data subject rights, or have a concern about how your personal information is being handled, please contact our Information Officer:

    Smael South Africa — Information Officer: Tersius le Roux

    📧 Email: support@smael.co.za

    💬 WhatsApp: 074 001 6851

    🌐 Website: www.smael.co.za

    📍 Kempton Park, Gauteng, South Africa

    🕐 Monday – Friday, business hours · Response within 2 business days · Data requests within 30 days

    Formula Tune-ups CC, trading as Smael South Africa. This Privacy Policy was last updated in April 2026 and is compliant with the Protection of Personal Information Act 4 of 2013 (POPIA) and the April 2025 POPIA Regulation Amendments.