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Data Protection - Privacy - Online Sales

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Privacy Policy

This privacy policy sets out how The Yellow Fish (Mauritius) LTD uses and protects any information that you give The Yellow Fish (Mauritius) LTD when you use this website.

The Yellow Fish (Mauritius) LTD is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

The Yellow Fish (Mauritius) LTD may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from July 1, 2021

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Yellow Fish (Mauritius) LTD relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term The Yellow Fish (Mauritius) LTD or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at Ebene House, Hotel Avenue, Ebene, Mauritius

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Data Protection

Purpose
In our dealings with you, we are called upon to process your personal data. The purpose of this Data Protection Notice is to explain to you:

1. Who we are and how we may be contacted;
2. The categories of personal data we collect;
3. The purpose for which we collect your personal data and the lawful basis for such collection;
4. The intended recipients of the personal data;
5. Whether the supply of personal data is voluntary or mandatory;
6. Your rights relating to your personal data being processed by us;
7. The possible existence of automated decision making in respect of your personal data;
8. The period for which we will store your personal data;
9. Whether, and in what circumstances, we may transfer your personal information to another country, and the safeguards we have put in place in relation to such transfer; and
10. How we conduct direct marketing.

Application
This Data Protection Notice applies to any processing of your personal information by us, whether such information is provided to us through our website, by email, through the filling of forms (including employment-related ones), through the exchange of contractual documents, by letter or fax, verbally, or through any other means.

By entering into a business relationship with us, or by providing your personal data to us, you confirm that you are agreeable to the processing of your personal data in accordance with the terms of this Data Protection Notice.

Technical Terms
We have tried to use simple and plain English as far as possible in this Data Protection Notice. However, data protection is a complex subject and the use of technical terms from time to time is inevitable. We have therefore set out below definitions of the technical terms we have used in this document:

“Personal data”: Any data which allows or could allow us to identify you.

“Processing”: Any manipulation of personal data, including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1. Who we are and how we may be contacted
Details about us and how we may be contacted are set out in the table found in the schedule of this Data Protection Notice (the “Information Table”).

We have appointed a Data Protection Officer to monitor the adherence to data protection principles within our organisation. His name and contact details are also set out in the Information Table. You may wish to contact him if you have any query regarding this Data Protection Notice or any other matter relating to your personal data.

2. The categories of personal data we collect

2.1. Categories
The categories of personal data we collect are set out in the Information table.

While we have attempted to make the list as exhaustive as possible, there is a possibility we may have omitted some categories due to the complexity of our organisation and the intricacies of our operations.

We encourage you to get in touch with our Data Protection Officer if you find that any of your personal data which we collect is not listed in this Data Protection Notice. We will then endeavour to promptly amend this Data Protection Notice accordingly.

2.2. Personal data of children
We do not knowingly process data relating to a child under the age of 16, without the consent of his parents or guardians. If you are a child under the age of 16, please ensure that you (a) obtain the consent of your parents or guardians before providing such data to us; and (b) provide a record of such consent to us.

If you provide us with the personal data of another person, you are responsible for ensuring that such person is made aware of the information contained in this Data Protection Notice and that the person has given you his consent for sharing his personal data with us.

2.3. Special categories of personal data
Special categories of personal data are data pertaining to racial or ethnic origin, political opinion or adherence, his religious or philosophical beliefs, membership of a trade union, physical or mental health or condition, sexual orientation, practices or preferences, genetic data or biometric data uniquely identifying someone or data relating to the commission or alleged commission of an offence.

We do not collect any of your personal data which falls within the special categories of personal data, unless:

(a) you have consented to the processing for one or more specified purposes;
(b) the processing is necessary:
(i) for the performance of a contract to which you are a party or in order to take steps at your request before entering into a contract;
(ii) for compliance with any legal obligation to which we are subject;
(iii) for the purpose of historical, statistical or scientific research; or
(iv) for such other legitimate purposes as may be authorised by law.

The special categories of data which we may collect, in accordance with the above terms, are set out in the Information Table.

2.4. Cookies
Please note that we collect information via cookies and other similar technologies (such as web beacons).

Cookies are small text files that are automatically placed on your computer or mobile device when you visit a website. They are stored by your internet browser. Cookies contain basic information about your use of the internet. Your browser sends these cookies back to our website every time you visit it, so it can recognise your computer or mobile device and personalise and enhance your browsing experience.

We invite you to read our Privacy Policy if you wish to further understand our use of cookies in relation to your personal data.

3. The purpose for which we collect personal data and the lawful basis for such collection

3.1. Purpose
We collect personal data for a number of purposes, including:

(a) to provide services to our clients. You will find a brief description of the services we provide in the Information Table;
(b) to enter into contractual relationships with suppliers and service providers and execute such contracts;
(c) to keep a database of clients and potential clients to communicate with respect to our services and matters related thereto;
(d) to comply with our legal obligations towards authorities, including the Mauritius Revenue Authority, the Registrar of Companies and the regulators;
(e) to keep a database of candidates who have sent CVs to us, for potential future use;
(f) to keep appropriate employment-related information on employees;
(g) to provide facilities and benefits to our employees;
(h) for security purposes;
(i) to generate statistics and reports on different aspects of our business; and
(j) for such other purposes as may be related, directly or indirectly, to our business activities.

3.2. Lawful basis
The law (a) provides that we cannot process personal data unless we have a lawful basis for such processing, and (b) lists a number of lawful bases for the processing of data.

The lawful bases which apply to our processing of your personal data are as follows:
(a) your consent having been obtained; and/or
(b) the processing being necessary:
(i) for the performance of a contract to which you are a party or in order to take steps at your request before entering into a contract with you; and/or
(ii) for compliance with any legal obligation to which we are subject; and/or
(iii) for the purpose of historical, statistical or scientific research; and/or
(iv) for the legitimate interests pursued by us (except if the processing is unwarranted in any particular case having regard to the harm and prejudice to your rights and freedoms or legitimate interests).

4. The intended recipients of the personal data
The primary purpose of collecting your personal data is for our own uses, in connection with our business relationship with you. In this context, we may disclose your personal information to our collaborators, including our employees, consultants, advisors, directors and service providers who need to access the personal data.

However, we may also be required to disclose your personal data to third parties to comply with our legal obligations.

As you are aware, we form part of The Yellow Fish (Mauritius) LTD. In this context, we may, from time to time, disclose your personal information to other companies forming part or are partners of The Yellow Fish (Mauritius) LTD. The objective of this disclosure is to develop a centralised database of clients, which would help the The Yellow Fish (Mauritius) LTD better identify your needs and provide tailor-made packages and services to you. If you do not wish that your personal data be communicated to other companies within The Yellow Fish (Mauritius) LTD, we encourage you to notify our Data Protection Officer as soon as possible.

5. Whether the supply of personal data is voluntary or mandatory
The provision of personal data is of course entirely voluntary. You are free to choose whether to provide your personal data to us or not. Please note however that if you choose not to provide your personal data to us, we may not be able to provide certain services to you or enter into a contractual relationship with you.

6. Your rights relating to your personal data being processed by us
The law confers upon you a number of rights relating to the personal data being processed by us. These rights are set out below. If you wish to exercise any of the said rights, we encourage you to contact our Data Protection Officer.

6.1. Right to withdraw consent at any time
Where we process your personal data on the basis of your consent, you may withdraw such consent at any time. The withdrawal of your consent will not affect the lawfulness of any processing done by us prior to such withdrawal.

Please note that withdrawing your consent may result in us not being able to provide certain services to you or enter into a contractual relationship with you.

6.2. Right of access
You may request a copy of the personal data we hold about you. Kindly ensure that such request is made in writing to our Data Protection Officer.

Please note that if in our opinion, your request is manifestly excessive, we may either not attend to your request or charge a fee for attending to same.

6.3. Rectification, erasure or restriction of processing
You may also, at any time, request:
(a) to have any inaccurate personal data we hold on you corrected. This includes the right to supplement and/or update existing personal data provided to us;
(b) that we erase any personal data we hold on you were (i) such data is no longer necessary in relation to the purpose for which it was collected or otherwise processed; (ii) you have withdrawn your consent to us holding and processing such data and there are no overriding legitimate grounds for the continued processing; or (iii) your personal data has been unlawfully processed. You will understand that this right is not absolute and that it will not be applicable where the exceptions provided for by law apply, including where our processing of your personal data is necessary for the purpose of historical, statistical or scientific research or for compliance with a legal obligation or for the establishment, exercise or defence of a legal claim;
(c) us to restrict processing of your personal data where (i) the accuracy of your personal data is contested by you. This restriction will apply for such period as may be necessary to enable us to verify the accuracy of the data; (ii) we no longer need the personal data for the purpose of the processing; (iii) you deem the processing of your personal data to be unlawful, but do not wish us to erase it; or (iv) you have objected to the processing of your data. Such restriction will apply pending verification as to our legitimate grounds to keep processing the personal data, despite your objection.

6.4. Right to object
You have the right to object to our processing of your personal data at any time. Upon receiving such objection, we will stop processing your personal data, except where there are compelling legitimate grounds to continue such processing;

6.5. Right to lodge a complaint
If you feel that we have not processed your personal data lawfully, please do feel free to contact us through our Data Protection Officer.
If you remain unsatisfied, you may lodge a complaint with the Data Protection Commissioner in Mauritius. Her contact details are as follows:

Address: 5th Floor, SICOM Tower, Wall Street, Ebène
Email address: dpo@govmu.org
Phone number: + (230) 460-0253
Fax: + (230) 489-7346

7. The possible existence of automated decision making in respect of your personal data
Unless one of the following exceptions apply, we will not process your personal data in such as a way to subject you to a decision which produces legal effects concerning you or which significantly affects, you, based solely on automated processing, including profiling:

(a) where the decision is necessary for entering into or performing, a contract between us;
(b) where the decision is authorised by a law to which we are subject and which lays down suitable measures to safeguard your rights, freedoms and legitimate interests; or
(c) where the decision is based on your explicit consent.

8. The period for which we will store your personal data
The law provides that where the purpose of keeping any personal data has lapsed, we should destroy the data as soon as reasonably practicable.

We will keep storing your data for as long as is necessary:
(a) for us to fulfil the purposes we collected it for;
(b) for the performance of any contract which may exist between us;
(c) for us to share with you the latest news regarding our organisation and our services;
(d) for us to keep a record of your preferences in order to service you again on future occasions;
(e) for us to satisfy any legal requirement, including statutory reporting obligations;
(f) for the keeping of adequate records for historical, financial or statistical purposes;
(g) for security purposes;
(h) for the prevention of fraud and abuse; and
(i) for us to defend or enforce our rights.

We wish to draw your attention to the fact that the legal prescription period in Mauritius (i.e. the period during which one party may sue another after the happening of an event) is 10 years for non-immovable-property-related matters. Depending on the nature of our relationship with you, we may, in this context, also choose to keep your personal data for at least the legal prescription period in order to be able to defend or enforce our rights.

In some circumstances, we may anonymise your personal data by pseudonymisation or encryption, such that the personal data can no longer be associated with you, for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Whether, and in what circumstances, we may transfer your personal information to another country, and the safeguards we have put in place in relation to such transfer
Please refer to the Information Table.

10. How we conduct direct marketing
You may from time to time receive communication of advertising or marketing material from us (“Direct Marketing”) if:

(a) you have given your consent;
(b) you asked for a quote or other information on us;
(c) you have, at any time, purchased goods or services from us and have not opted out of receiving advertising or marketing material;
(d) you have entered into a contractual relationship with us; or
(e) you have provided us with your personal data when you entered a competition or registered for a promotion.

You have the right, at any time, to object to the processing of your personal data for direct marketing purposes. Where we receive such an objection from you, we will stop processing your data for direct marketing purposes.

11. Queries
If you have any queries on this Data Protection Notice, we encourage you to get in touch with us through our Data Protection Officer. 

Schedule
The Information Table

Who we are:
The Yellow Fish (Mauritius) LTD and the entities/websites which are listed below in Annex A.
Our contact details Address: Ebene House, Hotel Avenue, Ebene, Mauritius
You can contact us using the contact form on this website.

The categories of personal data we collect (including the special categories of personal data)
Please refer to Annex B below.

Our services
Please refer to Annex A below for the list of our entities and their corresponding activities.

Transfer of personal data to another country
We endeavour to ensure that whenever we transfer personal data to other countries, the recipients of such personal data comply with all applicable data protection laws and principles.

Annex A
The List of entities that form part, or are partners of the enterprise

Small Potato LTD
Hospitality Consulting Services

Gourmet Pops Mauritius LTD
A Natural Frozen Snack Company

Annexe B
The categories of personal data we hold

Categories of personal data Examples:
Identity
- First name
- Maiden name
- Last name
- Username or similar identifier
- Marital status
- Job title
- Date of birth
- Gender
- Signature

Contact details
- Email Address
- Telephone numbers
- Fax numbers
- Address

Financial
- Credit/Debit card numbers
- Payment card details (including security code numbers) and other related billing information
- Bank details
- Payment card details

Transactional
- Payments to and from you
- Services/goods purchase history

Technical
- Internet Protocol (IP) address
- Login data
- Browser type and version
- Time zone setting and location
- Browser plug-in types and versions
- Operating system and platform
- Other technology on the devices used to access our website
- Traffic data

Preferences and interests
Usage - Information about how you use our website and service (You may also wish to consult our Cookie Policy).

Additional information we collect if your relationship with us is an HR-related one (solicitation, recruitment or employment)

Qualifications
- CVs
- Records of past employment
- Employment records, including remuneration details, attendance records, performance-related information
- Fingerprints, if we operate a fingerprint-based access systems
- Special categories of personal data - Fingerprints (for the purposes of operating a fingerprint-based access system for employees)
- Criminal records, including certificate of character (for HR purposes and to meet our obligations towards the Financial Services Commission)
- Trade union membership records (if you are an employee)
- Health records

Others - Photographs
- Videos, including where we operate CCTV surveillance systems

Online Sales

I. Subject and scope
1. (1) These General Terms and Conditions for Online Sales (hereinafter referred to as “General Terms”) apply to all purchase orders you place on the The Yellow Fish (Mauritius) LTD online store located at https://theyellow.fish (hereinafter referred to as “Website”) and your subsequent agreement with The Yellow Fish (Mauritius) LTD, Ebene House, Hotel Avenue, Ebene, Mauritius (hereinafter referred to as “The Yellow Fish ”).

2. (2) These General Terms shall apply exclusively. We do not accept any conflicting or deviating terms and conditions unless this has been agreed in the individual case with a legal representative of The Yellow Fish (Mauritius) LTD in writing. Our General Terms shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Food Attitude LTD.

3. (3) These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers have been made where necessary.

II. Order process and conclusion of the purchase agreement
1. (1) The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.

2. (2) By clicking the “Buy now” button, you send us a binding offer for the conclusion of a purchase agreement with The Yellow Fish (Mauritius) LTD regarding the product specified in your shopping cart (hereinafter referred to as “Order”).

3. (3) If you place an order through our Website, the ordering process comprises four steps:

1. You select the desired goods...
2. You fill in your details or opt for Guest Checkout. You click the button to proceed to method of payment.
3. You agree to the terms and conditions of online sales.
4. On the “Checkout” page, you select the preferred method of payment and confirm.

your acceptance of the conditions that shall apply to the purchase. Here, you can return to the cart by clicking the “previous page button of your browser”. By clicking “Buy now”, your Order becomes binding and non-refundable.

4. (4) With our order confirmation and/or delivery, we will send you a copy of the corresponding Order, including the corresponding invoice, to your email address.

II. Prices, delivery costs, taxes and duties
1. (1) All prices quoted on our Website are in Mauritian Rupees net, inclusive of taxes for sales in the Republic of Mauritius and excluding charges that may apply to the particular case.

2. (2) In the event of obvious errors on the Website or made in connection with your Purchase, The Yellow Fish (Mauritius) LTD reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the product/package at the correct price or cancelling your Order.

III. Payment conditions
1. (1) You can select one of the payments methods described on the Website. The Yellow Fish (Mauritius) LTD reserves the right to exclude or include particular payment methods at any time.

2. (2) Your credit card payment will be executed by our payment service provider using their discrete secure infrastructure. The payment service provider reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.

3. (3) If you choose “Prepayment” as the payment method, we will send you an invoice including our banking details by email. You shall be obligated to pay the amount due without delay in full, including any bank charges for The Yellow Fish LTD. Our acceptance of your order, in this case, will be subject to receipt of your payment.

4. (4) If your prepayment has not to be made within 14 days upon receipt of the invoice, The Yellow Fish (Mauritius) LTD will have the right to rescind the contract; the right of The Yellow Fish (Mauritius) LTD to raise claims for damages on such grounds shall not be affected thereby.

5. (5) In the event of any payment delay, The Yellow Fish (Mauritius) LTD shall have the right to charge default interest in the amount of 5% above the base interest rate of the Mauritius Central Bank valid at the time. In addition, you shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.

6. (6) You may not set off any amounts due whatsoever from The Yellow Fish (Mauritius) LTD against amounts due to The Yellow Fish (Mauritius) LTD unless expressly allowed by mandatory Consumer protection law.

IV. Right of withdrawal
1. (1) By purchasing from the Website you waive your right of withdrawal because The Yellow Fish (Mauritius) LTD will start the delivery without delay after the purchase agreement comes into effect.

2. (3) By clicking the “Pay Now” button you expressly consent that The Yellow Fish (Mauritius) LTD will immediately start with the fulfilment of the purchase agreement and that you thereby waive your right of withdrawal.

V. Use of personal information
1. (1) By completing the purchase form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an order on behalf of an organization, you ensure that you have the authority to do so.

2. (2) The Yellow Fish (Mauritius) LTD is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your purchase.

3. (3) In case of online payments, you are required to enter your payment details. Online payment information related to your order is processed by The Yellow Fish LTD’s payment service provider. The Yellow Fish (Mauritius) LTD does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.

4. (4) By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.

VI. Data protection
1. (1) The Yellow Fish (Mauritius) LTD shall comply with the provisions of the Mauritius Data Protection Act and take all reasonable measures to keep your personal information confidential and secure.

2. (2) The Yellow Fish (Mauritius) LTD will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfil the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the purchase.

3. (3) The Yellow Fish (Mauritius) LTD will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.

VII. Miscellaneous
1. (1) The Yellow Fish (Mauritius) LTD reserves the right to amend these General Terms after prior written notification. Changes shall apply to your existing purchase agreements only, subject to the conditions that The Yellow Fish (Mauritius) LTD has informed you about the intended changes in writing.

2. (2) These General Terms of Online purchase shall be governed by Mauritian law, to the exclusion of its conflict of law rules.

Shipping Policy

Placing National Orders
The Yellow Fish Mauritius delivers in selected areas only. Please check for the latest update our online store page.

Placing International Orders
The Yellow Fish (Mauritius) LTD does not ship internationally, neither to the other islands of the Republic of Mauritius.