Privacy Policy

Privacy Policy2021-10-22T15:08:36+00:00

Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”,” Us”; or “Our”; in this Agreement) refers to Edendale Distributors Ltd, Anse Courtois, Les Pailles 
  • Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to:  Mauritius
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Data Subject means an identified or identifiable individual, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual;
  • Document includes – (a) a disc, tape or other device in which information other than visual images are embodied so as to be capable, with or without the aid of some other equipment of being reproduced from the disc, tape or other device; and (b) a film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device;
    Network means a communication transmission system that provides interconnection among a number of local and 
    remote devices;
  • Traffic Data means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service;


Every controller or processor shall ensure that personal data are –

(a) processed lawfully, fairly and in a transparent manner in relation to any data subject;

(b) collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

(d) accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data are erased or rectified without delay;

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;

and

(f) processed in accordance with the rights of data subjects.

  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. 
  • Usage Data refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to Edendale Distributors Ltd, accessible from www.edendale.mu
  • You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Personal Data

While using Our Service, we may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally, identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Usage Data

Principles relating to processing of personal data

Every controller or processor shall ensure that personal data are –

(a) processed lawfully, fairly and in a transparent manner in relation to any data subject;

(b) collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

(d) accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data are erased or rectified without delay;

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; and

(f) processed in accordance with the rights of data subjects.

Duties of controller

(1) Every controller shall adopt policies and implement appropriate technical and organisational measures so as to ensure and be able to demonstrate that the processing of personal data is performed in accordance with this Act.

(2) The measures referred to in subsection (1) shall include 

    (a) implementing appropriate data security and organisational measures in accordance with section 31;

    (b) keeping a record of all processing operations in accordance with section 33;

    (c) performing a data protection impact assessment in accordance with section 34;

    (d) complying with the requirements for prior authorisation from, or consultation with the Commissioner pursuant to section 35; and

    (e) designating an officer responsible for data protection compliance issues.

(3) Every controller shall implement such policies and mechanisms as may be required to ensure verification of the effectiveness of the measures referred to in this section

Collection of personal data

(1) Subject to section 44, a controller shall not collect personal data unless –

    (a) it is done for a lawful purpose connected with a function or activity of the controller; and

    (b) the collection of the data is necessary for that purpose.

(2) Subject to subsection (3), where a controller collects personal data directly from a data subject, the controller shall, at the time of collecting the personal data, ensure that the data subject concerned is informed of –

   (a) the identity and contact details of the controller and, where applicable, its representative and any data protection officer;

    (b) the purpose for which the data are being collected;

    (c) the intended recipients of the data;

    (d) whether or not the supply of the data by that data subject is voluntary or mandatory;

    (e) the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

   (f) the existence of the right to request from the controller access to and rectification, restriction or erasure of personal data concerning the data subject or to object to the processing;

   (g) the existence of automated decision making, including profiling, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;

    (h) the period for which the personal data shall be stored;

    (i) the right to lodge a complaint with the Commissioner;

    (j) where applicable, that the controller intends to transfer personal data to another country and on the level of suitable protection afforded by that country; and

    (k) any further information necessary to guarantee fair processing in respect of the data subject’s personal data, having regard to the specific circumstances in which the data are collected.

(3) A controller shall not be required to comply with subsection (2) where –

    (a) the data subject already has the information referred to in subsections (1) and (2); or

    (b) the data are not collected from the data subject and –

        (i) the provision of such information proves impossible or would involve a disproportionate effort; or

        (ii) the recording or disclosure of the data is laid down by law.

(4) Where data are not collected directly from the data subject concerned, the controller or any person acting on his or its behalf shall ensure that the data subject is informed of the matters specified in subsection (2).

 

Conditions for consent

(1) The controller shall bear the burden of proof for establishing a data subject’s consent to the  processing of his personal data for a specified purpose.

(2) The data subject shall have the right to withdraw his consent at any time.

(3) In determining whether consent was freely given, account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract

 

Register of controllers and processors

(1) There shall be a register of controllers and processors to be known as the Data Protection Register, which shall be kept and maintained by the Commissioner in such form and manner as he may determine.

(2) The Commissioner may, at any time, at the request of a controller or processor, in respect of which there is an entry in the register and which has ceased to exist, remove its details from the register.

(3) (a) The register shall, at all reasonable times, be available for inspection by any person free of charge.

(b) Any person may, on payment of such fee as may be prescribed, obtain from the Commissioner a certified copy of, or of an extract from, any entry in the register

 

Duty to destroy personal data

(1) Where the purpose for keeping personal data has lapsed, every controller shall –

    (a) destroy the data as soon as is reasonably practicable; and

    (b) notify any processor holding the data.

(2) Any processor who receives a notification under subsection

    (1)(b) shall, as soon as is reasonably practicable, destroy the data specified by the controller.

 

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device You use, your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
  • Web Beacons Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies https://www.privacypolicies.com/blog/cookies/

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies, we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You..
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us..
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions..
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside..

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Record of processing operations

(1) Every controller or processor shall maintain a record of all processing operations under his or its responsibility.

(2) The record shall set out –

    (a) the name and contact details of the controller or processor, and, where applicable, his or its representative and any data protection officer;

    (b) the purpose of the processing;

    (c) a description of the categories of data subjects and of personal data;

    (d) a description of the categories of recipients to whom personal data have been or will be disclosed, including recipients in other countries;

    (e) any transfers of data to another country, and, in the case of a transfer referred to in section 36, the suitable safeguards;

    (f) where possible, the envisaged time limits for the erasure of the different categories of data; and

    (g) the description of the mechanisms referred to in  section 22 (3).

(3) The controller or processor shall, on request, make the record available to the Office.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Right of access

(1) (a) Every controller shall, on the written request of a data subject provide, at reasonable intervals, without excessive delay and, subject to subsection (7), free of charge, confirmation  as to whether or not personal data relating to the data subject are being processed and forward to him a copy of the data.

(b) Where a controller has a reasonable doubt concerning the identity of a person making a request under paragraph (a), he or it may request the provision of additional  information to confirm the identity of the data subject.

(2) Where personal data are being processed, the controller shall provide to the data subject information relating to –

    (a) the purpose of the processing;

    (b) the categories of personal data concerned;

    (c) the recipients or categories of recipient to whom the data have been or will be disclosed;

    (d) the period for which the data will be stored or, if this is not possible, the criteria used to determine that period;

    (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to the processing of the data;

    (f) the right to lodge a complaint with the Commissioner;

    (g) where the personal data are not collected from the data subject, any available information as to their source;

    (h) the existence of automated decision making, including profiling, and information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; and

    (i) appropriate safeguards taken under section 36, in case the personal data are transferred or intended to be transferred to another country.

(3) The controller shall provide the information referred to in subsection (2) in an intelligible form, using clear and plain language.

(4) Where the personal data are not or have not been collected from the data subject, the controller shall not be required to provide information where the processing is expressly prescribed by law or this proves to be impossible or involves a disproportionate effort.

(5) (a) The controller shall, within one month of the receipt of a request, inform the data subject in writing, whether or not any action has been taken pursuant to subsection (1).

    (b) The period specified in paragraph (a) may be extended by a further month where necessary, taking into account the complexity and the number of requests made.

(6) Where a controller refuses to take action on the request of a data subject, he or it shall, within one month of the receipt of the request, inform the data subject in writing of the reason for the refusal and on the possibility of lodging a complaint with the Commissioner.

(7) (a) Where the request is manifestly excessive, the controller may charge a fee for providing the information or taking  the action requested, or he or it may not take the action requested.

    (b) Where the controller takes a decision under paragraph (a), he or it shall bear the burden of proving the manifestly excessive character of the request.

Rectification, erasure or restriction of processing

(1) (a) A controller shall, on being informed of the inaccuracy of personal data by a data subject to whom such data pertains, cause the data to be rectified without undue delay.

  (b) A right to rectification under paragraph (a) shall include the right of a data subject to have incomplete personal data completed, having regard to the purpose of the processing.

(2) A controller shall erase personal data without undue delay where –

    (a) the data are no longer necessary in relation to the purpose for which they were collected or otherwise processed;

    (b) the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;

    (c) the data subject objects to the processing of personal data and there are no overriding legitimate grounds for the processing; or

    (d) the personal data have been unlawfully processed.

(3) Where the controller has made the personal data public, he shall take all reasonable steps to inform third parties processing such data, that the data subject has requested the erasure of any links to, or copy or replication of, that personal data.

(4) Subsections (2) and (3) shall not apply where the processing of the personal data is necessary –

    (a) for reasons of public interest in the field of public health;

    (b) for the purpose of historical, statistical or scientific research;

    (c) for compliance with a legal obligation to process the personal data to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

    (d) for the establishment, exercise or defence of a  legal claim.

(5) A controller may, at the request of a data subject, restrict the processing of personal data where –

    (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the data;

    (b) the controller no longer needs the personal data for the purpose of the processing, but the data subject requires them for the establishment, exercise or defence of a legal claim;

    (c) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; or

    (d) the data subject has objected to the processing pursuant to section 41 pending verification as to whether the legitimate grounds of the controller override those of the data subject.

(6) Where processing of personal data is restricted under subsection (4) –

    (a) the personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of a legal claim, the protection of the rights of another person or for reasons of public interest; and

    (b) the controller shall inform the data subject before lifting the restriction on processing of the personal data.

(7) The controller shall implement mechanisms to ensure that the time limits established for the rectification, erasure or restriction of processing of personal data, or for a periodic review of the need for the storage of the personal data, are observed.

 

Lawful processing

(1) No person shall process personal data unless –

    (a) the data subject consents to the processing for one or more specified purposes;

    (b) the processing is necessary –

        (i) for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject before entering into a contract;

        (ii) for compliance with any legal obligation to which the controller is subject;

        (iii) in order to protect the vital interests of the data subject or another person;

        (iv) for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

        (v) the performance of any task carried out by a public authority;

        (vi) the exercise, by any person in the public interest, of any other functions of a public nature;

        (vii) for the legitimate interests pursued by the controller or by a third party to whom the data are disclosed, except if the processing is unwarranted in any particular case having regard to the harm and prejudice to the rights and freedoms or legitimate interests of the data subject; or

        (viii) for the purpose of historical, statistical or scientific research.

(2) Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100, 000 rupees and to imprisonment for a term not exceeding 5 years.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation.
  • Protect and defend the rights or property of the Company.
  • Prevent or investigate possible wrongdoing in connection with the Service.
  • Protect the personal safety of Users of the Service or the public.
  • Protect against legal liability.

 

Unlawful disclosure of personal data

(1) Any controller who, without lawful excuse, discloses personal data in any manner that is incompatible with the purpose  for which such data has been collected shall commit an offence.

(2) Any processor who, without lawful excuse, discloses personal data processed by him without the prior authority of the controller on whose behalf the data are being or have been processed shall commit an offence.

(3) Subject to subsection (4), any person who –

(a) obtains access to personal data, or obtains any information constituting such data, without the prior authority of the controller or processor by whom the data are kept; and

(b) discloses the data or information to another person, shall commit an offence.

(4) Subsection (3) shall not apply to a person who is an employee or agent of a controller or processor and is acting within his mandate.

(5) Any person who offers to sell personal data where such personal data has been obtained in breach of subsection (1) shall commit an offence.

(6) For the purpose of subsection (5), an advertisement indicating that personal data is or may be for sale constitutes an offer to sell the personal data.

Security of Your Personal Data

The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.

Children’s Privacy

Personal data of child

(1) No person shall process the personal data of a child below the age of 16 years unless consent is given by the child’s parent or guardian.

(2) Where the personal data of a child below the age of 16 years is involved, a controller shall make every reasonable effort to verify that consent has been given or authorised, taking into account available technology.

If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

By email: info@edendale.mu.

By Phone: 286 4920