PRIVACY POLICY – OUR COMMITMENT TO PRIVACY

The ALDO Group Inc., its affiliates, licensees and franchisees value their customers and respects their privacy. The ALDO Group Inc. website for South Africa (the “South Africa Site”) is operated by The ALDO Group Inc. exclusively for its authorized franchisee in South Africa. Accordingly, all personal information collected for or in respect of the South Africa Site (including emails described herein) shall be for the sole benefit of the South Africa Franchisee. As such, this privacy policy (this “Policy”) is the Policy of the South Africa Franchisee and all users shall have recourse only to the South Africa Franchisee and shall have no recourse whatsoever against The ALDO Group Inc. and its affiliates. All references herein contained to “we” or “our” refers exclusively to the South Africa Franchisee.

This “Policy” describes the personal information we may collect from you, the purposes for which we collect it, how we use it and when we may share it with third parties. This Policy also describes the choices you can make about how we collect, use and disclose your information. The South Africa Franchisee will not collect, use or disclose your personal information other than in compliance with this Policy.

By using the South Africa Site you agree to the terms and conditions of this Policy. If our Policy changes in the future, we will notify our customers and website users of any such changes by posting an updated policy on the South Africa Site.

Following the posting of such changes, your continued use of the South Africa Site will constitute your acceptance of these changes and you will be bound by such changes. If you do not continue to use the South Africa Site following a change to our Policy but take no other action with respect to your personal information, our use of that information will remain subject to our Policy as it was in effect prior to the change. You are responsible for regularly reviewing this Policy and any changes thereto.

Our Privacy Policy

What kind of information does the South Africa Franchisee collect from the South Africa Site?

For what purposes does the South Africa Franchisee collect my information from the South Africa Site?

Does the South Africa Franchisee share my information collected from the South Africa Site with third parties?

How can I exercise my choices about receiving promotional communications?

What are cookies and how does the South Africa Franchisee use cookies on the South Africa site?

How can I access or change my personal information, withdraw my consent, or make inquiries or complaints in relation to this Policy and the South Africa Franchisee privacy practices?

How long is personal information collected from the South Africa Site retained by the South Africa Franchisee?

How is personal information collected from the South Africa Site secured by the South Africa Franchisee?

What kind of information does the South Africa Franchisee collect from the South Africa Site?
We may collect personal information from you when you save or otherwise provide your personal information to us, such as by communicating with us by phone, e-mail, or otherwise or if you complete an entry form to participate in a contest, promotion or survey, whether online or at one of our retail stores in South Africa. As a result of these actions, you might supply us with personal information, such as your name, e-mail and postal addresses, phone number(s), including address and telephone numbers, product interest information and financial information and in certain circumstances, your opinions and individual preferences.

The South Africa Site is directed for use by adults. The South Africa Franchisee does not knowingly collect any personal information from children under the age of 13 from the South Africa Site. Those under age 13 should not use the South Africa Site or provide the South Africa Franchisee with any personal information on the South Africa Site.

For what purposes does the South Africa Franchisee collect my information from the South Africa Site?
The South Africa Franchisee may use your personal information collected from the South Africa Site to (1) send you or your friends, relatives or associates, products that you have ordered; (2) help us learn more about your shopping preferences; and (3) conduct marketing and performance research to assist us in measuring our customer service, benchmarking our performance and to help us improve our shopping experiences and product offerings. As provided below, you may always choose not to receive promotional materials or marketing information.

Does the South Africa Franchisee share my information collected from the South Africa Site with third parties?
If you visit the South Africa Site, participate in a contest, survey, promotion or special offer, or shop at Call it Spring stores in South Africa, we may share your personal information with The ALDO Group Inc. or any ALDO Affiliate or franchisee, so that it can communicate with you (whether by e-mail, post or otherwise) and provide you with promotional materials and additional information about its products, services, contests, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Policy.

We do not sell or rent your personal information to non-affiliated third parties except as permitted by law or to The ALDO Group Inc. or any ALDO Affiliate. However, in the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.

We may transfer personal information to non-affiliated third parties for processing pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information.

We reserve the right to disclose your personal information as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of the South Africa Franchisee or The ALDO Group Inc. and its affiliates.

The South Africa Site may contain links to websites operated by third parties. These websites may collect your personal information. This Policy does not apply to the practices of third parties and the South Africa Franchisee does not assume any responsibility for, and by using the South Africa Site and/or accessing a third party’s website from this website you release the South Africa Franchisee of any responsibility for, the actions, practices and omissions of third parties. Please check the privacy policy at each site you visit.

How can I exercise my choices about receiving promotional communications?
We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us or other Aldo Affiliates, or if you do not want us to use your information to enhance your shopping experience, please let us know by calling us at 1-800-246-9405 or writing us at Call it Spring Customer Service, 2300 Emile-Belanger, Montreal, Quebec, Canada, H4R 3J4. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. It may take up to 2 weeks to process your postal mail request, during which period you may continue to receive communications from us or other Aldo Affiliates.

What are cookies and how does the South Africa Franchisee use cookies on the South Africa site?
We may use “cookies” to track your preferences and activities on the South Africa Site. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website's functions will not be available, and the user will lose some of the benefits of the site.

How can I access or change my personal information, withdraw my consent, or make inquiries or complaints in relation to this Policy and the South Africa Franchisee’s privacy practices?
The South Africa Franchisee will ensure that the personal information it collects on the South Africa Site is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. You are entitled to request access to and correction of your personal information collected by us. In order to make such a request, or if you have any questions or to make any complaint in relation to this Policy and to the South Africa Franchisee’s privacy practices, please contact our privacy officer by writing to:

Customer service no: +96522657351 / 71 ext 119

If you have consented to the collection, use and/or disclosure of personal information as identified herein, please note that you can also withdraw your consent at any time by communicating with our privacy officer as provided above.


How long is personal information collected from the South Africa Site retained by the South Africa Franchisee?
We will keep your personal information only as long as is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.

How is personal information collected from the South Africa Site secured by the South Africa Franchisee?
We have adopted appropriate measures to ensure the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every South Africa Franchisee employee, mandatory or agent must abide by this Policy.

Last update: June 12, 2009

LEGAL NOTICE

LEGAL NOTICE – WEBSITE TERMS

1. USE OF THIS WEBSITE
This website is owned by The ALDO Group Inc. (hereinafter “ALDO”) exclusively for its licensee in South Africa, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to ALDO, its affiliates or franchisees. ALDO, its affiliates or franchisees do not knowingly collect information from children under the age of 13. ALDO, its affiliates or franchisees reserve the right to refuse service, terminate accounts, or cancel orders in their sole discretion.

2. PRIVACY
The privacy practices of ALDO, its affiliates and/or franchisees are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read the Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by ALDO, its affiliates or franchisees in accordance with the terms of and for the purposes set forth in the Privacy Policy, as same may be amended from time to time.

3. PRODUCT INFORMATION
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY THE FRANCHISEE OF ALDO INSOUTH AFRICA ARE AVAILABLE ONLY IN SOUTH AFRICA AND THIS PORTION OF THE SITE IS DIRECTED ONLY AT SOUTH AFRICAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. ALDO and its affiliates and franchisees attempt to be as accurate as possible in describing all products available for sale and/or distribution by ALDO, its affiliates and/or franchisees. However, ALDO, its affiliates and franchisees do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.

THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

4. EXCLUSION OF WARRANTIES
ALDO makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALDO does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALDO AND ITS LICENSORS, AFFILIATES AND FRANCHISEES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

5. LIMITATION OF LIABILITY
ALDO WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

6. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by ALDO, and ALDO does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in SOUTH AFRICA and in other jurisdictions by the Copyright Act (or the equivalent thereof) and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of ALDO. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of ALDO or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act (or the equivalent thereof).

Notwithstanding the foregoing, ALDO authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ALDO and its affiliates without express written consent of ALDO. You may not use any meta tags or any other “hidden text” utilizing ALDO’s name or trademarks without the express written consent of ALDO. Any unauthorized use of this site and/or its contents terminates the permission or license granted by ALDO.

7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to the privacy policy of ALDO, its affiliates or franchisees, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to ALDO, its affiliates or franchisees by accessing or using this website does not infringe the rights of any other person or entity. You consent to ALDO, its affiliates or franchisees using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of ALDO, its affiliates or franchisees or the disclosure of your identity, in accordance with the Privacy Policy of ALDO, its affiliates or franchisees (see Section 2 above).

8. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. SURVEILLANCE
ALDO may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, ALDO makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if ALDO ever decides to do it.

10. LINKS
Links and references to other websites are provided to you as a convenience only. ALDO has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by ALDO. To obtain permission, contact our Website administrator at comments@aldogroup.com

11. VIRUSES, ETC
ALDO does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

12. DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

13. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to ALDO. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of ALDO or any other person or entity.

14. GOVERNING LAW
This site is controlled and operated by ALDO from Montreal, Quebec, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15. DISPUTE RESOLUTIONS; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF

IN A COURT

BY A JUDGE OR JURY. THE LAWS OF YOUR STATE, PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.

Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in schedule A below, which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-800-326-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or ALDO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A below.

For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal, state or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.

NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND ALDO BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.

Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 5, schedule A or any other provision of these terms, ALDO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

16. CHANGES TO TERMS / SEVERABILITY
ALDO may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

17. JURISDICTION
This website is controlled and operated by ALDO from Montreal, Quebec, Canada. ALDO makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. COOKIES
We may use “cookies” to track your preferences and activities on this website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.

19. NO WAIVER
The failure of ALDO to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of ALDO to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

20. ENTIRE AGREEMENT
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement amongst you, ALDO and its licensee in India with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ALDO making such amendments or modifications available to it pursuant to the terms hereof.

21. TERMINATION
ALDO reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

22. HEADINGS
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

Last update: August 15, 2008