HERBERI CY LTD
PRIVACY POLICY

This privacy policy (“Privacy Policy”) sets out the basis on which Herberi Cy Ltd, (hereinafter referred to as “HERBERI”, “we”, “our” or “us”), may collect, process, use, share and disclose personal information:

• about each customer, individual, entity, user or visitor (collectively “you” or “your”); and/or
• you provide to HERBERI when (i) accessing Caloric Forte's website located at www.caloricoforte.com (hereinafter referred to as the “Website”), and/or (ii) using the Services provided by HERBERI to you via the Website.

HERBERI is committed to maintaining robust privacy protections for its users. Our Privacy Policy is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the Services on the Website.

By accessing the Website and using the Services, you accept the terms and conditions of HERBERI’s Privacy Policy, and you consent to HERBERI’s collection, storage, use and disclosure of your Personal Information (defined below) as described in this Privacy Policy.

You acknowledge that it is in your best interest to read this Privacy Policy carefully and to ensure that you understand the terms and conditions contained herein. Your acceptance of HERBERI’s Privacy Policy is deemed to occur upon your first use of the Website. If you do not accept and agree with this Privacy Policy, please refrain from using and/or accessing HERBERI’s Website and Services immediately.

Scope of Privacy Policy

This Privacy Policy governs your access of HERBERI’s Service, regardless of how you access it, and explains what data we collect when you use the Website and/or Services, why we collect the data, how it is used, and your rights and choices. This Privacy Policy applies to personal data and other information collected by us from or about visitors to, or users of, our Website.

Personal Information that is Collected

HERBERI collects the following information from you:

• personal information that could identify you, which includes your name, surname, gender, email address, and location;
• contact information which includes data such as billing address, email address, telephone numbers and any other data you have provided to us in order for us to be able to provide you with the Services on the Website;
• transaction data which includes details about payments or communications to and from you;
• technical data which includes your Internet protocol address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website;
• profile data includes the purchases or orders made by you, your interests, preferences, and feedback;
• usage data which includes information about how you use our Website and Services;
• marketing data that your preferences in receiving marketing from us and our third parties and your communication preferences,

(collectively *Personal Information*)

In the context of the law and this notice, the term “process” and “processing” means collect, store, transfer, use or otherwise act on data.

Use of your Personal Information

Except as otherwise stated in this Privacy Policy, HERBERI does not sell, trade, rent or otherwise share your Personal Information for marketing purposes with third parties without your consent. HERBERI shares only non-identifiable Personal Information with vendors and suppliers who are performing services for HERBERI, such as the vendors and suppliers who provide HERBERI with access to a user’s email address and email communications for the purposes of HERBERI being able to send emails to you via the vendor and/or supplier’s server. Those vendors and suppliers use your non-identifiable Personal Information only at HERBERI’s direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to HERBERI is used to help us communicate with you. For example, HERBERI uses your Personal Information to (i) make contact with you in regards to your orders, (ii) solicit feedback from you, (iii) provide technical support, and (iv) inform you about promotional and marketing offers.

HERBERI may share Personal Information with third parties if HERBERI has a good-faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce HERBERI’s Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property or safety of HERBERI’s users or the public as required or permitted by law.

Wherever possible, HERBERI aims to obtain your explicit consent to process your Personal Information. We may continue to process your Personal Information on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at support@herberi.com. However, if you do so, please note that you may not be able to (i) use the Website, and (ii) make use of the Services further.

Automatic Collection of Information

When you visit the Website, HERBERI’s servers automatically record information about your computer hardware and software. This information is collected automatically and is used only to identify potential cases of abuse, resolve technical issues, optimizing the performance of the Website for a better user experience, and establish statistical information regarding your use of the Website and the Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

How Personal Information is Secured

HERBERI implements security measures that include encryption, firewalls, password management and secure socket layer technology, which are designed to protect your information from unauthorized access and potential security breaches.

However, you acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while HERBERI strives to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and another registered user on the Website and/or the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite HERBERI’s best efforts.

Your Rights regarding the General Data Protection Regulation

For the purposes of complying with the General Data Protection Regulation 2016/679 (“GDPR”), HERBERI is considered as the data controller in relation to your Personal Information. We have listed below, the principal rights you have under the GDPR:

1. the right to access - you can ask for copies of your Personal Information;
2. the right to rectification - you can ask us to rectify inaccurate Personal Information and to complete incomplete Personal Information;
3. the right to erasure - you can ask us to erase your Personal Information from our systems;
4. the right to restrict processing - you can ask use to restrict the processing of your Personal Information;
5. the right to object to processing - you can object to the processing of your Personal Information;
6. the right to data portability - you can ask us to transfer your Personal Information to another organization or to you;
7. the right to complain to a supervisory authority - you can complain about our processing of your Personal Information to the applicable authorities; and
8. the right to withdraw consent – you can request that we withdraw your consent to store and process your Personal Information except to the extent that the basis of our processing your Personal Information is required by law.

You may exercise any of your rights in relation to your Personal Information by written notice to HERBERI, using the contact details set out below. Should you have any cause for complaint about our use of your Personal Information, please contact HERBERI using the details provided below and we will endeavour to solve the problem for you.

Your Rights regarding South Africa’s Protection of Personal Information Act, 4 of 2013 (“POPIA”)

In compliance with POPIA, you have the right to have your personal information processed lawfully. Your rights in compliance with POPIA include the right:

• to be notified that your Personal Information is being collected or that your Personal Information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system;
• to find out whether we hold your Personal Information and to request access to your Personal Information;
• to request us, where necessary, to correct, destroy or delete your Personal Information;
• to object, on reasonable grounds, to the processing of your Personal Information;
• to object to the processing of your Personal Information for purposes of direct marketing, including by way of unsolicited communications;
• not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your Personal Information;
• to submit a complaint to the Regulator if you believe that there has been interference with the protection of your Personal Information; and
• to institute civil proceedings against us if you believe that we have interfered with the protection of your Personal Information.

International Transfer of Personal Information

HERBERI will not ordinarily transfer any Personal Information collected from you outside the borders of South Africa or Europe. However, in the event that we transfer or store your Personal Information outside South Africa or Europe, we will take all steps reasonably necessary to ensure that the third party who receives your Personal Information is subject to a law or binding agreement which provides an adequate level of protection.

Analytical Data from Third Parties

HERBERI may collect or receive information that third party service providers may provide about you when using the Website and/or the Services. Or HERBERI may obtain information from other sources and combine that with information HERBERI collects through your use of the Services. The following information is collected and/or obtained from third parties:

• Google Analytics: We use this analytical tool to help HERBERI analyze (i) how users use the Website and/or the Services by noting when you use the Website and the Services, and (ii) usage data and performance data. The information collected will be disclosed to or collected directly by the applicable analytical tool HERBERI is using. Such information is collected as a means to provide, improve, and develop the Website and the Services so as to create a safer and trusted environment when you use the Website and the Services.

Cookies

Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website. Cookies allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

HERBERI may from time to time use cookies. They are placed by software operated by third parties whose services HERBERI makes use of so as to enhance your experience on the Website.

When you first visit the Website, you may need to confirm whether you wish for cookies to be used by HERBERI. If you choose not to accept them, HERBERI shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies or you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website.

HERBERI may use cookies for the following purposes:

• Authentication and status – HERBERI uses cookies to identify you when you visit the Website, and as you navigate through the pages of the Website;
• Personalisation – HERBERI uses cookies to store information about your preferences as you navigate through the Website;
• Functionality – HERBERI uses functionality cookies to help us improve your user experience when visiting our site. For example, functionality cookies, allow a comparative display of the technical characteristics of two or more products and allow the site to remember the user's preferences.
• Security – HERBERI uses cookies as an element of the security measures used to protect the Website and Services;
• Marketing and advertising – HERBERI uses cookies to help HERBERI and its partners to show you relevant ads that are in line with your interests and that may be more important to you than other, non-personalized digital ads. We may also use cookies from the marketing and advertising group to limit the number of times the same ad is displayed on the HERBERI site, as well as to evaluate the effectiveness of our digital marketing campaigns. This type of cookie allows us to display personalized advertisements on our partner sites, on social networks, as well as on Internet content search sites, such as www.google.com the data on social networks, native platforms, is largely processed by the operator himself, and HERBERI has a limited influence on that part; and
• Analysis and Analytics– HERBERI uses cookies to analyze the use and performance of the Website and Services. Analytics cookies allow us to improve the overall user experience on the HERBERI site by collecting relevant analytical data. Also, analytics cookies help us to record and record the difficulties you had when visiting the HERBERI site and show us the performance and effectiveness of our digital advertising.

Retention Period for Personal Information

Except as otherwise mentioned in this Privacy Policy, HERBERI shall endeavour to keep your Personal Information only for as long as is required (i) for HERBERI to be able to provide you with Services, (ii) to comply with the law, including for the period demanded by our tax authorities, and (iii) to support a claim or defence in court.

Opt-out rights

You can stop all collection of Personal Information by HERBERI by not accessing the Website and the Services, or by requesting to opt-out via email, at support@herberi.com.

Our Policy Toward Children

Our Services are directed to persons under the age of eighteen (18) years. We collect Personal Information from children under the age of eighteen (18) years. We therefore encourage you to obtain the assistance and consent of a parent/legal guardian when accessing our Website and using the Services. A parent/legal guardian who becomes aware that his or her child has provided us with Personal Information without their consent, should contact us at support@herberi.com and we will endeavour to delete it.

Changes and Amendments to Privacy Policy

HERBERI may update this Privacy Policy from time to time in HERBERI’s sole discretion and will notify you of any material changes to the way in which HERBERI treats Personal Information. When changes are made, HERBERI will revise the updated date at the bottom of this page. HERBERI may also provide notice to you in other ways in HERBERI’s sole discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, HERBERI will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Contact Information

Should you have any questions or concerns regarding privacy while using the Website and Services, please send us a detailed message to support@herberi.com, and HERBERI will use its best endeavours to resolve your concerns.

Effective Date:26.11. 2021