Privacy policy

You agree and warrant that your username and password shall be used for your personal use only and shall not be disclosed to any third party. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Site, including associated applications.

The content contained on the Site may be used by you for your own personal shopping and information purposes only. In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay, or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page shall be prosecuted.

 

The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.

We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.

If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.

At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.

Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.

 

General Information

The Company:

• website address is: www.burnt.co.za
• email address is: support@burnt.co.za

 

When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for Products, you:

• consent to receiving communications from the Company electronically;
• agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
• agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt-out of this service.
• agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.

To purchase Products from the Burnt Studios Online Site you must first register your personal information. Registration and/or use of the Burnt Studios Online Site constitutes acceptance of this Agreement by you, and shall accordingly apply as between the Company and yourself.

To register to buy Products you will be required to provide us with your personal information including payment details and your South African delivery address and contact information to enable us to verify who you are and deliver any products that you have bought.

You may be required to choose a username and a password or elect to checkout as a guest customer. Please keep your password secret. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password shall:

• be used for personal use only; and
• not be disclosed to any third party.

You will be required to log in with your username and password each time you want to buy Products on the Burnt Studios Online Site. Should you want to review and/or change any of your particulars please go to ‘My Account.

Guest customers will not have a registered account. You will be able to track and trace the progress of the delivery of your order, using the link in the email that is sent to you. Your delivery address and contact details are required to facilitate the delivery of your order.

 

The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology, however, there is no guaranteed secure transmission of data over the Internet. Therefore the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.

 

With your permission, the Burnt Studios mobile application accesses your device's location data (precise and approximate location). Location data is used only for the following purposes:

• Foreground location (while you are using the app): to show the Burnt stores closest to you and your distance from each store on the Our Stores screen, and to list the closest stores first when you check a product's stock in our stores.
• Background location (including when the app is closed or not in use): if you choose to allow it, to let you know with a notification when you are near one of our stores. The app does this by asking your device to monitor areas around our store locations; it does not continuously track your movements.

Your location data is processed on your device only. The Company does not transmit your location to its servers, does not store it, and does not sell or share it with any third parties, including advertisers.

Location access is optional. Before asking for background location, the app explains how it will be used, and you can decline. You can turn location access on or off, or change it from “Allow all the time” to “Allow only while using the app”, at any time in your device's settings. If you do not allow location access, you can still use the app, but nearby stores will not be sorted by distance and you will not receive nearby store notifications.

 

With your permission, the Burnt Studios mobile application accesses your device's camera only to scan product barcodes, so that you can quickly find a product in the app. The camera is only active while the barcode scanner is open.

The app does not take, save or upload photos or videos, and does not record audio. Camera images are processed on your device to read the barcode, and only the barcode number is sent to our online store platform (Shopify) to look up the matching product. Camera images are not stored by the Company or shared with any third parties.

Camera access is optional. You can turn it on or off at any time in your device's settings. If you do not allow camera access, you can still use the app, but you will not be able to scan barcodes.

 

The Burnt Studios mobile application uses Google Analytics for Firebase to understand how the app is used, for example which screens are viewed, which products are viewed, added to the cart or wishlist, and purchases. Products are identified by their product number only. This helps us improve the app. Advertising identifiers are not collected for analytics.

 

With your permission, the app receives push notifications, such as order updates, Burnt Black and reward updates, new arrivals and promotions. These are delivered through Klaviyo and Google Firebase, which receive your device's notification token for this purpose. Notifications you receive are kept in the app's notifications inbox. You can turn notifications off at any time in your device's settings.

 

When you write a product review in the app, your name, email address, star rating, review title and review are sent to Judge.me, our product reviews provider, so that your review can be published on our website and in the app. Only your first name and the first letter of your surname are shown publicly. Your email address is never shown and is used to confirm your review and whether you bought the product.

 

When you chat with us from Get in Touch in the app, your messages and any information you choose to share in the chat (such as your name, email address or order number), together with basic information about your device, are processed by Zendesk, our customer support provider, so that our team can help you.

 

If you open our website or the app through an influencer's link while signed in to your account, we record that link against your account for 30 days. If you then make a purchase in the app, the link, the products you bought and the value of your order are shared with Klear, our influencer marketing platform, so that the influencer can be credited for the sale.

 

The app uses Meta (Facebook) App Events to measure the performance of our advertising on Meta's platforms. The app shares events such as products viewed, items added to the cart or wishlist, searches, checkouts started and purchases (with product numbers and order values), together with information about your device and an identifier that is specific to the app, with Meta.

On iPhone, we ask for your permission through Apple's App Tracking Transparency prompt before your activity in the app is linked with information from other companies' apps and websites, including your device's advertising identifier, and before your email address and phone number are included in advertising audiences on Meta and Google. If you choose “Ask App Not to Track”, your device's advertising identifier is not shared. You can change your choice at any time in your device's settings. The Android version of the app does not collect your device's advertising identifier.

Sharing information with advertising platforms in this way does not involve selling your personal information.

 

You can delete your Burnt account at any time in the app under Account, your name, Delete account, on our website, or by emailing support@burnt.co.za. This removes your customer profile, Burnt Black membership and B-Bucks, wishlist, influencer link records and game nickname and scores. We keep order and payment records for as long as the law requires, for tax and accounting purposes.

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.

If you are located outside South Africa and choose to provide information to us, please be aware that we transfer the data, including Personal Data, to South Africa for processing.

By consenting to this Privacy Policy and submitting your information, you agree to this transfer.

Burnt Studios (Pty) Ltd will take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will occur to an organisation or a country unless adequate controls are in place, including measures to secure your data and other personal information.

Additionally, your personal information may be shared with Burnt Studios (Pty) Ltd giveaway partners, including One&Only Cape Town, Aquila Safaris, and Inverdoorn Private Game Reserve, for the purpose of facilitating and managing giveaways. These partners are obligated to protect your information and use it only for the intended purposes.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) or European Economic Area (EEA), you have certain data protection rights covered by GDPR.

Burnt Studios (Pty) Ltd aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you, or if you want it to be removed from our systems, please email us at support@burnt.co.za.

In certain circumstances, you have the following data protection rights:

1. The right to access, update, or delete the information we have on you;
2. The right of rectification. You have the right to have your information rectified if it is inaccurate or incomplete;
3. The right to object. You have the right to object to our processing of your Personal Data;
4. The right of restriction. You have the right to request that we restrict the processing of your personal information;
5. The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format;
6. The right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. Additionally, please be aware that we may not be able to provide our services without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).