1. Introduction

1.1 This Privacy Policy applies to THEFOURTH LIVING AUCTIONS PTY LTD (“THEFOURTH”), located at 50, 8th Avenue, Kensington, Cape Town, 7405. It outlines how personal information is collected, processed, and safeguarded in compliance with the Protection of Personal Information Act, 2013 (POPIA) and, where applicable, the General Data Protection Regulation (GDPR).

1.2 THEFOURTH is committed to protecting the privacy and security of personal information entrusted to it. This Privacy Policy governs personal information provided by bidders, users, and sellers while participating in auctions or engaging with THEFOURTH’s services.

1.3 By engaging with THEFOURTH—whether through registering for an auction, placing bids, or accessing our website—you consent to the use of your personal information in accordance with this Privacy Policy.

2. Personal Information We Collect

2.1 THEFOURTH may collect and process the following categories of personal information:

• Submitted Information: Personal details such as name, date of birth, address, email, telephone number, and credit information provided during registration or other interactions.
  
  
• Transactional Information: Details of bids placed, purchases made, and financial transactions (e.g., payments and refunds).
  
  
• Communication Data: Emails, telephone conversations, and correspondence related to our services.
  
  
• Website Activity: Information such as IP addresses, cookies, and browsing activity collected during visits to THEFOURTH’s website.
  
  
• Marketing Preferences: Your stated interests and preferences when subscribing to newsletters or marketing updates.
  

2.2 Where necessary, THEFOURTH may also collect information required for compliance with legal and regulatory obligations, such as identification documents for Financial Intelligence Centre Act (FICA) purposes.

3. Purpose of Collecting Personal Information

3.1 Personal information is collected and processed for the following purposes:

• Providing Services: To facilitate participation in auctions, process transactions, and deliver purchased items.
  
  
• Legal Compliance: To meet obligations under South African law, such as FICA and tax legislation.
  
  
• Communication: To respond to inquiries, provide updates on auctions, and notify you about bids, sales, or upcoming events.
  
  
• Marketing: To send newsletters, auction alerts, and promotional materials, provided you have opted in to receive such communications.
  
  
• Improving Services: To analyze website activity, enhance user experience, and improve the efficiency of our operations.
  

4. Security of Information

4.1 THEFOURTH implements reasonable and appropriate technical and organisational measures to safeguard personal information from unauthorized access, alteration, loss, or disclosure.

4.2 Sensitive information, such as payment details, is transmitted securely using encryption technologies like Secure Socket Layer (SSL). Such data is only accessible to authorized personnel who are required to maintain its confidentiality.

4.3 THEFOURTH does not store payment details (e.g., credit card information) after a transaction is processed.

5. Cookies and Website Data

5.1 THEFOURTH uses cookies to enhance website functionality, track user preferences, and analyze web traffic. By using the website, you consent to the placement of cookies on your device.

5.2 Cookies may include:

• Essential Cookies: Necessary for website functionality.
  
  
• Performance Cookies: Used to gather anonymous data for improving site performance.
  
  
• Functionality Cookies: Allow personalization of your experience.
  

5.3 You can adjust your browser settings to disable cookies. However, certain features of the website may not function properly if cookies are disabled.

6. Sharing Personal Information

6.1 THEFOURTH does not sell, trade, or rent your personal information to third parties. However, personal information may be shared with:

• Service providers engaged to support our operations, such as payment processors or delivery companies.
  
  
• Regulatory authorities, if required by law or to comply with legal obligations.
  
  
• Trusted partners, under strict confidentiality agreements, for the purpose of improving our services.
  

6.2 Personal information may also be shared in cases where it is necessary to protect THEFOURTH’s rights, property, or safety, or that of our users or others.

7. Retention of Personal Information

7.1 THEFOURTH retains personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or to comply with legal obligations. Records related to financial transactions may be retained for tax and audit purposes.

8. International Transfers of Information

8.1 Where personal information needs to be transferred outside of South Africa, THEFOURTH ensures that adequate data protection measures are in place. Transfers will only occur to countries with comparable data protection standards or under agreements ensuring the safeguarding of your information.

9. Your Rights

9.1 You have the right to:

• Access your personal information and request corrections.
  
• Object to the processing of your personal information for direct marketing purposes.
  
• Withdraw consent where processing is based on consent (e.g., opting out of marketing communications).
  
• Request deletion of your personal information, subject to legal and contractual obligations.
  

9.2 To exercise these rights, please contact us using the details provided in Section 12.

10. Links to Third-Party Websites

10.1 THEFOURTH’s website may contain links to external websites. This Privacy Policy does not apply to those sites, and we encourage you to review their privacy policies before providing personal information.

11. Updates to This Policy

11.1 THEFOURTH may update this Privacy Policy from time to time to reflect changes in legal or operational requirements. Notice of significant updates will be posted on our website.

12. Contact Information

For inquiries or to exercise your rights under this Privacy Policy, please contact:
Email auctions@thefourth.co.za
Address 50, 8th Avenue, Kensington, Cape Town, 7405