Privacy policy

Who are we?

This Privacy Policy applies to the processing activities of BioCann (Pty) Ltd, as the party responsible for the processing of your Personal Information.

Any reference to ‘us’, ‘our’, ‘we’ in this Privacy Policy is a reference BioCann. Similarly, any reference to ‘you’, ‘your’, ‘yours’ or ‘yourself’ in this Privacy Policy is a reference to any of our clients and potential clients as a Data Subject.

Data protection and disclosure of information

As part of our day-to-day business, we need to collect personal information from our clients and potential clients to ensure that we can meet their needs for a range of services and provide them with information about our services.

Your privacy is important to us, and it is our policy to respect the confidentiality of your information and the privacy of other persons, whether natural or juristic. This policy outlines how we manage your personal information and details your rights in respect of us processing your personal information.

We process your information in terms of the Protection of Personal Information Act, 2013, as may be amended or substituted from time to time (“POPIA”).  

Information We Collect:

  • We may collect personal information such as your name, email address, phone number, and other relevant details when you interact with our website or contact us through email or phone.
  • We may also collect non-personal information such as your IP address, browser type, and browsing behaviour to improve our website’s functionality and user experience.

How We Use Your Information:

  • We use the information we collect to communicate with you, respond to your inquiries, and provide you with the products and services you request.
  • Your personal information may also be used for internal purposes such as analysing website usage, improving our products and services, and complying with legal requirements.

Sharing Your Information:

  • We do not sell, trade, or rent your personal information to third parties.
  • Your information may be shared with trusted service providers who assist us in operating our website, conducting our business, or servicing you, as long as they agree to keep your information confidential.

What lawful basis do we rely on?

We may be required to collect and use certain types of Personal Information to comply with the requirements of the law and/or regulations, however we are committed to processing all Personal Information in accordance with POPIA, the General Data Protection Regulation (“GDPR”) and any other relevant data protection laws and codes of conduct (herein collectively referred to as “the data protection laws”) which are applicable to BioCann and its business.

The data protection laws allow us to only process your data for certain reasons and under specific circumstances:

  • to perform a contract that we are party to;
  • to carry out legally required duties;
  • for us to carry out our legitimate interests;
  • where we obtain your consent;
  • to protect your interests; and
  • where something is done in the public interest.

All the processing carried out by us falls into the permitted reasons, for example, our use of your personal information in order to comply with our obligations under contract. This includes where a contract is not yet signed but you have requested us to take action as a first step (e.g. provide details of our services). Another reason could be to comply with legal or regulatory requirements, such as carrying out verification checks in line with anti- money laundering/terrorist-financing regulations.

Consent

Where our use of your Personal Information requires consent, such consent will be provided explicitly by you, or such other party that has the necessary competency and authority to do so on your behalf.

If we rely on your consent as our legal basis for processing your Personal Information, you have the right to withdraw that consent at any time by contacting us using the contact details set out in this Privacy Policy below; however, the withdrawal of consent may be limited by law or subject to the completion of a relevant service or other similar and related activity.

How we store personal information

Safeguarding the privacy of your information is important to us, whether you interact with us personally, by phone, by mail, over the internet or via any other electronic medium.

We hold Personal Information in a combination of secure computer storage facilities, paper-based files and other records, and take steps to protect the Personal Information we hold within our possession from misuse, loss, unauthorised access, modification or disclosure.

When we consider that Personal Information is no longer needed, we will remove any details that will identify you or we will securely destroy the records. However, we may need to maintain records for a significant period of time in line with our regulatory obligations.

If we hold any Personal Information in the form of a recorded communication, telephonic, electronic, in person or otherwise in relation to our regulatory obligations as detailed above, this information will be held in line with local regulatory requirements, which will generally be 5 (five) years after our business relationship with you has ended.

Where you have opted out of receiving marketing communication, we will hold your details on our suppression list so that we know you do not want to receive these communications.

Management and safeguarding of personal information

We always take appropriate technical and organisational measures to ensure that your information is secure. In particular, we train our employees, who handle Personal Information, to respect the confidentiality of client information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal where necessary.

The internet is an open medium and we cannot guarantee that any information you send to us by email or via our sites will not be intercepted or tampered with; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights as a data subject

The data protection laws give you certain rights in relation to the Personal Information we hold on you. These are:

  • the right to be notified. This means that we must tell you how we use your Personal Information. This is the purpose of this Privacy Policy;
  • the right of access. You have the right to access the Personal Information that we hold on you. To do so, you should make a subject access request;
  • the right for any inaccuracies to be corrected. If any Personal Information that we hold about you is incomplete or inaccurate, you are able to require us to make any necessary amendments to correct it;
  • the right to have information deleted. If you would like us to stop processing your Personal Information, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it;
  • the right to restrict the processing of the Personal Information. For example, if you believe the Personal Information we hold is incorrect, we will stop processing it (whilst still holding it) until we have ensured that it is correct;
  • the right to portability. You may transfer the Personal Information that we hold on you for your own purposes;
  • the right to object to the inclusion of any information. You have the right to object to the way we use your Personal Information where we are using it for our legitimate interests;
  • the right to regulate any automated decision-making and profiling of Personal Information. You have the right not to be subject to automated decision making in way that adversely affects your legal rights.

Where you have provided consent to our use of your Personal Information, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the Personal Information that you had previously given us consent to use. There will be no consequences for withdrawing your consent; however, in some cases, we may continue to store and use the Personal Information where so permitted by having a legitimate reason for doing so or where required by law, regulation or by any other competent authorities. We may also not be able to continue our services to you.

You can read more about these rights within section 5 of POPIA.

Data Security

  • We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, disclosure, alteration, or destruction.
  • We regularly review and update our security practices to ensure compliance with industry standards and legal requirements.

Your Rights

  • You have the right to access, correct, or delete your personal information held by us.
  • You may opt-out of receiving marketing communications from us at any time by contacting us at the email or phone number provided below.

Contact Us

If you have any questions or concerns about our Privacy Policy or the handling of your personal information, please contact us at:

  • Email: info@bio-cann.com
  • Phone: +27621000000

Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. Any changes will be posted on this page, and your continued use of our website signifies your acceptance of the updated Privacy Policy.

Last Updated: 1 June 2024