UBIS'® NUTRITION PRIVACY POLICY

In accordance with the Protection of Personal Information Act (POPIA). POPIA was enacted to give effect to the constitutional right to privacy and protects personal information when processed by a responsible party, subject to justifiable limitations. We therefore wish to inform you of how the information of the User, Customer, Data Subject is dealt with to ensure compliance to the law in South African and other territories where similar regulations have been enacted.

1. IDENTIFICATION-DATA CONTROLLER

• Owner: Qwepheshe (Pty) Ltd. T/A Ubis’ Nutrition
• Tax ID: 9141150244
• Registered office: 6 Inyoni Drive, Hilldene, Hillcrest, 3610, KwaZulu-Natal, South Africa
• e-mail: info@ubis.co.za

2. INFORMATION AND CONSENT

By reading this Privacy Policy, the User or Customer or Data Subject (hereinafter, User) is informed of how Ubis’ Nutrition gathers, processes and protects personal data provided to it through the website www.ubis.co.za (hereinafter, the “website”), in addition to their own data and any others that they may need to provide via the Sale and Purchase Agreement (e-commerce sale of Ubis’ Nutrition products) or any established channel.

The User should carefully read this Privacy Policy, which has been drawn up in clear and straightforward language for ease of understanding, and freely and voluntarily decide whether they wish to provide Ubis’ Nutrition with their personal data or those of third parties.

3. OBLIGATORY REQUIREMENT TO PROVIDE DATA.

The data requested in the forms accessible from the Website and sale and purchase agreements to be provided by the company are in general required (unless the “required” field specifies otherwise) in order to fulfil the established purposes. If they are not provided, or are not properly provided, it will therefore be impossible to fulfil these functions.

4. FOR WHAT PURPOSE WILL UBIS’ NUTRITION PROCESS THE USER’S PERSONAL DATA, AND FOR HOW LONG?

Depending on the User’s requests, the personal data gathered will be processed by Ubis’ Nutrition for the following purposes:

• Administer the purchase of Ubis’ Nutrition products, including the administration of payment (where applicable) and the administration of User requests and preferences.
• Administer subscription to advertising information/newsletter and the subsequent sending thereof.
• Administer requests to contact the company via any of the channels provided for this purpose.
• Administer the sending of personalised commercial communications by Ubis’ Nutrition, via electronic and/or conventional means, in those cases where the User has granted consent for this by checking the box specifically established for this purpose.
• Administer provision of the purchased product advice service, and also services in addition thereto.
• Administer the process of conducting surveys and/or evaluations with regard to the quality of the services provided by the company and/or the perception of its corporate image.

The User’s data will be stored for as long as necessary in order to fulfil each purpose, or until the User requests deregistration from Ubis’ Nutrition, objects, or revoke consent.

5. WHAT USER DATA WILL UBIS’ NUTRITION PROCESS?

The following categories of data may be processed, depending on the request made by the User:

Identification data: forename, surname, ID card/tax ID/passport number

Contact details: Postal address, mobile telephone number, email address.

User identification codes or credentials, where applicable for e-commerce.

Data as to personal characteristics: date of birth, sex, nationality, political affiliation, religion etc.

Preference data. 

Card data, and/or data regarding different forms of payment required to collect payment for the sale of its products.

In the case of registration for and/or access to the website by means of a third-party account (marketplace platforms and/or social media), it may compile and access certain information from the User’s profile on the corresponding social media network/platform, purely for internal administrative purposes and/or for the purposes indicated above.

If providing the data of third parties, the User states that they have their consent and undertakes to provide the data subject in question with the information contained in this Privacy Policy, releasing Ubis’ Nutrition from any liability in this regard. Ubis’ Nutrition may nonetheless perform any checks required to confirm this circumstance, adopting the applicable due diligence measures in accordance with national data protection regulations and the South Africa’s primary data protection law is the Protection of Personal Information Act (POPIA), enacted in 2013 and fully implemented in 2021.

6. DATA STORAGE POLICY

            The personal data provided will be stored:

• Invoicing and transactional data: for 5 years, in fulfilment of taxation and accounting obligations.
• Contact details for commercial communications: until the user withdraws their consent.
• Data related to purchases: For as long as necessary to administer the contract and handle any possible claims.
• Data gathered for surveys: for a maximum of 1 year.

7. WHAT IS THE LEGITIMATE BASIS FOR THE PROCESSING OF YOUR DATA?

The data processing required to fulfil those aforementioned purposes necessitating the consent of the User for this process will not be conducted without such consent.

Likewise, in the event that the User withdraws their consent for any of the processing activities, this will not affect the lawfulness of any processing conducted previously.

To revoke such consent, the User may contact Ubis’ Nutrition via the following channels: By writing to Ubis’ Nutrition at the corporate registered office established in item 1 of this privacy policy, or by sending an email to the email address info@ubis.co.za, in both cases with the reference – POPIA.

Likewise, in those cases where the User’s data need to be processed in order to fulfil a legal obligation or for the performance of an existing contractual relationship between Ubis’ Nutrition and the User, the legitimate basis for the processing would be the need to fulfil said purposes. Meanwhile, processing performed in order to conduct surveys and/or evaluations with regard to the quality of the services provided by the company and/or perception of its corporate image will take place on the basis of the legitimate interest of the data controller.

8. WHICH RECIPIENTS WILL HAVE USER DATA COMMUNICATED TO THEM?

The User’s data may be communicated to: 

• Investee companies or those belonging to the corporate group, purely for internal administrative functions and/or for the purposes indicated previously.
• Suppliers of Ubis’ Nutrition, as required in order properly to perform the aforementioned legal obligations and/or purposes.
• Partners and collaborating companies of Ubis’ Nutrition to perform the aforementioned purposes and/or, if so authorised, to send commercial communications.
• Public Authorities, in those cases established by Law.
• Data will not be transferred to third parties other than those indicated in this privacy policy, except by legal mandate.
• There will be no international data transfers.

If Ubis’ Nutrition performs international data transfers outside South Africa (since the South African Development Communities (SADC) region does not have a region-wide data protection law and similarly for the Continent of Africa), they will be performed only to countries offering an adequate level of protection, as recognised by the South African law, or through the signature of Standard Contractual Clauses (SCC).

9. LIABILITY OF THE USER

The User:

Warrants that they are of legal age or are legally emancipated, as the case may be, are fully capable, and that the data provided to Ubis’ Nutrition are true, precise, complete and updated. Users are in this regard responsible for the accuracy of all data they might communicate, and should keep the information they provide duly updated to ensure that it corresponds to the actual circumstances.

Warrants that, where applicable, they have informed the third parties whose data they provide as to the aspects contained in this document. They likewise warrant that they have obtained their authorisation to provide their data to Ubis’ Nutrition for the stated ends.

The User will likewise be responsible for any false or imprecise information provided via the Website, and any direct or indirect damages that this might cause for Ubis’ Nutrition or third parties.

10. COMMERCIAL AND PROMOTIONAL COMMUNICATIONS

One of the purposes for which Ubis’ Nutrition processes the User’s data will be to send commercial communications, via electronic and/or conventional means, with information concerning products, services, promotions, offers, events or news of relevance to the Users. This is referred to by the company as: INFO/ADS NEWSLETTER. Wherever any communication of this type takes place, it will be addressed solely and exclusively to those Users who authorised receipt thereof and/or have not previously refused to receive such communications.

The sending of commercial communications will take place in accordance with the provisions of data protection legislation, requiring the prior consent of the User or, as the case may be, by sending commercial communications connected with prior orders.

In order to perform the aforementioned task, Ubis’ Nutrition may analyse the data obtained to generate User profiles, serving to define in greater detail those products that may be of interest to them.

If Ubis’ Nutrition reaches automated decisions or performs profiling, the User is entitled to request human intervention, to state their perspective, and to challenge such decisions. These decisions are based exclusively on the data provided to personalise commercial communications and to offer products better aligned with User interests.

Should Users wish no longer to receive commercial or promotional communications from Ubis’ Nutrition, they may request unsubscription from the service, by sending an email to the following email address:info@ubis.co.za, or may indicate their refusal to accept such communications by using the unsubscribe option provided in each of the commercial communications sent.

11. EXERCISE OF RIGHTS

Users may write to Ubis’ Nutrition, 6 Inyoni Drive, Hilldene, Hillcrest, 3610, KwaZulu-Natal, South Africa, or otherwise send an email to the address info@ubis.co.za, in both cases with the reference “POPIA”, enclosing a photocopy of their valid ID document or passport, at any time and free of charge, in order to:

• Revoke the consents granted.
• Obtain confirmation as to whether Ubis’ Nutrition is or is not processing of personal data concerning the User. 
• Access their personal data.
• Rectify inaccurate or incomplete data.
• Request the erasure of their data if, among other reasons, the data are no longer required for the purposes for which they were gathered.
• Obtain restriction of data processing by Ubis’ Nutrition in the event of a breach of any of the conditions set forth in the data protection regulations.
• Obtain human intervention, state their perspective and challenge automated decisions reached by Ubis’ Nutrition.
• Request data portability.

A claim of a POPIA violation in South Africa should be sent to the Information Regulator. Specifically, you should complete the prescribed POPIA Form 5 and submit it to POPIAComplaints@inforegulator.org.za. 

12. SECURITY MEASURES

Ubis’ Nutrition will treat the User’s data at all times in an absolutely confidential manner and with the mandatory duty of secrecy regarding them, in accordance with the provisions of the applicable regulations. It has implemented the technical and organisational measures necessary to guarantee the security of their personal data and prevent their alteration, loss, unauthorised processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.

Updated: May 2025