The Legal StuffPrivacy Policy
Privacy Policy
The Fudge Packer (Pty) Ltd
Effective Date: 1 July 2025
Last Updated: 1 July 2025
We believe in being straight with people. This Privacy Policy explains exactly what personal information we collect when you use our website or buy from us, why we collect it, how we protect it, and what your rights are. We’ve written it in plain language because we think you deserve to understand it without needing a law degree.
This policy applies to all personal information collected through our website (www.thefudgepacker.co.za), our social media pages, our email communications, and any other interaction you have with The Fudge Packer.
1. Who We Are
Responsible Party (as defined under POPIA):
The Fudge Packer (Pty) Ltd Cape Town, South Africa Email: thefudgepackersa@gmail.com Phone: 076 530 6050 Website: www.thefudgepacker.co.za
We are the responsible party for the personal information you share with us, which means we are accountable for how it is collected, stored, and used. We are committed to processing your personal information lawfully, fairly, and transparently — in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
2. What Information We Collect
We only collect personal information that is necessary for a specific and legitimate purpose. Depending on how you interact with us, we may collect the following:
When You Place an Order
- Full name
- Email address
- Phone number
- Billing and delivery address
- Order history and product selections
- Payment confirmation details
We do not store your card number or banking details. All payments are processed by secure, PCI-compliant third-party payment providers.
When You Contact Us or Submit an Enquiry
- Name and contact details
- The content of your message or enquiry
- Any additional information you choose to share
When You Visit Our Website
- IP address and approximate location
- Browser type and device information
- Pages visited and time spent on each page
- Referring website (how you found us)
- Cookie data (see Section 7)
When You Sign Up for Marketing
- Email address
- Name (optional)
- Marketing preferences
When You Apply for a Wholesale Account
- Business name and registration details
- Contact person name and details
- Business address and delivery address
- Details about your business type and product interest
3. Why We Collect Your Information
We process your personal information only for the following lawful purposes:
| Purpose | Lawful Basis |
|---|---|
| Processing and fulfilling your order | Performance of a contract |
| Sending order confirmations and receipts | Performance of a contract |
| Delivering your products via our courier partners | Performance of a contract |
| Responding to your enquiries and support requests | Legitimate interest |
| Sending marketing emails (only if you opted in) | Consent |
| Improving our website and product range | Legitimate interest |
| Preventing fraud and maintaining security | Legitimate interest |
| Complying with our legal and tax obligations | Legal obligation |
We will never use your personal information for any purpose that is incompatible with the reason it was originally collected, without first obtaining your consent.
4. Who We Share Your Information With
We do not sell, rent, or trade your personal information. Ever.
We may share your information with the following trusted third parties, strictly to the extent necessary for them to perform their services:
Payment Processors Our payment gateway provider processes your payment securely. They receive only the information necessary to complete the transaction. We do not see or store your card details.
Courier and Delivery Partners We share your name, contact number, and delivery address with our courier partners so they can successfully deliver your order.
Website and Hosting Providers Our website hosting provider and related technology services may have incidental access to data stored on their servers. They are contractually bound to handle this data securely and confidentially.
Email Service Providers If you have opted in to marketing emails, we use an email platform to manage and send these communications. Your email address is shared with this provider for this purpose only.
Legal and Regulatory Authorities We may disclose your information if required to do so by law, court order, or regulatory authority — for example, to comply with a tax audit or legal process.
All third parties we work with are required to process your personal information in accordance with applicable South African data protection law and to implement appropriate security measures.
5. Marketing Communications
We will only send you marketing emails, SMS messages, or WhatsApp messages if you have explicitly opted in to receive them. This includes newsletters, new product announcements, promotions, and fudge-related updates.
You can opt out at any time by:
- Clicking the “Unsubscribe” link at the bottom of any marketing email
- Replying “STOP” to any SMS or WhatsApp message from us
- Emailing us at thefudgepackersa@gmail.com and asking to be removed
We will process your opt-out request within 5 business days. Opting out of marketing will not affect transactional communications related to your orders (such as order confirmations and delivery updates).
We do not use your purchase history to send automated marketing without your explicit consent.
6. How Long We Keep Your Information
We retain your personal information only for as long as necessary to fulfil the purpose for which it was collected, or as required by law.
| Information Type | Retention Period |
|---|---|
| Order records and transaction data | 5 years (legal and tax compliance) |
| Customer account information | Duration of account + 2 years after closure |
| Marketing opt-in records | Until you opt out + 1 year |
| Enquiry and support messages | 2 years from date of last interaction |
| Website analytics data | 26 months (standard analytics cycle) |
| Wholesale account records | 5 years from last order |
Once the retention period has passed, we securely delete or anonymise your personal information.
7. Cookies
Our website uses cookies — small text files stored on your device — to improve your experience, keep your shopping cart active, and understand how people use our website.
Types of Cookies We Use
Essential Cookies These are required for the website to function. They include session cookies that keep you logged in and remember your cart contents. You cannot disable these without affecting website functionality.
Analytics Cookies We use analytics tools (such as Google Analytics) to understand how visitors use our website — which pages are popular, how long people stay, and where they come from. This data is aggregated and anonymous. We use it to improve our website and product offering.
Marketing Cookies If you have consented, we may use cookies to show you relevant advertising on other platforms (such as Facebook or Google). You can manage these preferences through your browser settings or our cookie consent tool.
Managing Cookies
You can control cookies through your browser settings at any time. Most browsers allow you to block or delete cookies. Please note that blocking essential cookies will affect your ability to use the shopping cart and checkout process.
For more information on managing cookies, visit www.allaboutcookies.org.
8. How We Protect Your Information
We take the security of your personal information seriously and have implemented the following measures to protect it:
- SSL Encryption: All data transmitted between your browser and our website is encrypted using SSL (HTTPS).
- Access Controls: Only authorised personnel have access to personal information, and only to the extent necessary to perform their role.
- Secure Payment Processing: Card payments are handled by PCI-DSS compliant payment processors. We never see or store your card details.
- Regular Security Reviews: We regularly review our data security practices and update them as needed.
While we take all reasonable steps to protect your information, no system is completely secure. In the unlikely event of a data breach that affects your rights, we will notify you and the Information Regulator as required under POPIA.
9. Your Rights Under POPIA
As a data subject under the Protection of Personal Information Act 4 of 2013, you have the following rights regarding your personal information:
Right of Access You may request a copy of the personal information we hold about you.
Right to Rectification If your personal information is incorrect or outdated, you may request that we correct it.
Right to Erasure You may request that we delete your personal information, subject to our legal retention obligations.
Right to Object You may object to the processing of your personal information, particularly for direct marketing purposes.
Right to Restriction You may request that we restrict the processing of your personal information in certain circumstances.
Right to Data Portability You may request a copy of your personal information in a commonly used, machine-readable format.
Right to Lodge a Complaint If you believe we have mishandled your personal information, you have the right to lodge a complaint with the Information Regulator of South Africa.
To exercise any of these rights, contact us at thefudgepackersa@gmail.com. We will respond within a reasonable period, and no later than 30 days.
10. Children’s Privacy
Our website and products are not directed at children under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information about a child, please contact us immediately and we will delete it promptly.
11. Links to Other Websites
Our website may contain links to third-party websites (for example, our social media pages or payment provider). This Privacy Policy applies only to our website. We are not responsible for the privacy practices of any third-party sites and encourage you to read their privacy policies before sharing any personal information with them.
12. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. When we make changes, we will update the “Last Updated” date at the top of this page.
If changes are significant, we will notify existing customers by email where possible. Continued use of our website after changes are published constitutes acceptance of the updated policy.
13. How to Contact Us
For any questions about this Privacy Policy, to exercise your data rights, or to raise a concern about how we handle your personal information, please contact us:
The Fudge Packer (Pty) Ltd
Email: thefudgepackersa@gmail.com
Phone / WhatsApp: 076 530 6050
Website: www.thefudgepacker.co.za
Location: Cape Town, South Africa
We aim to respond to all privacy-related requests within 5 business days.
14. Information Regulator of South Africa
If you are not satisfied with our response to your privacy concern, you have the right to lodge a complaint directly with the Information Regulator:
Information Regulator (South Africa)
Website: www.inforegulator.org.za
Email: inforeg@justice.gov.za
Complaints: complaints.IR@justice.gov.za
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
This Privacy Policy is governed by the laws of the Republic of South Africa, including the Protection of Personal Information Act 4 of 2013 (POPIA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
The Fudge Packer (Pty) Ltd
Small Batch. Big Flavour. Packed with Attitude.
Cape Town, South Africa