Privacy Policy
PRIVACY POLICY, PROTECTION OF PERSONAL INFORMATION & PAIA MANUAL
PROTECTION OF PERSONAL INFORMATION
We, Tigerlily Investments (Pty) Ltd t/a Deus Ex Machina South Africa, registration number: 2015/184684/07 are committed to protecting your privacy and ensuring that your Personal Information is collected, processed, and stored lawfully in accordance with the Protection of Personal Information Act No. 4 of 2013 ("POPIA"), as amended, and other applicable South African legislation, including the Promotion of Access to Information Act No. 2 of 2000 ("PAIA"), as amended.
This Privacy Policy, Protection of Personal Information & PAIA Manual ("Policy and Manual") explains how we collect, process, use, disclose, and safeguard your Personal Information, as well as how you can exercise your rights as a data subject.
Nature of Business:
Deus Ex Machina (God from the Machine) is a global community of artists, itinerants and enthusiasts. We're driven by a desire to celebrate creativity, and the honesty and enjoyment of the machine, be it in the form of hand-built motorcycles, custom surfboards, or converted industrial spaces. Founded in 2006 in Sydney, Australia, by Dare Jennings and Carby Tuckwell, it's their continued vision that has launched Deus around the world and fostered a culture of adventure and inclusivity. The Deus philosophy recalls an era before the various pursuits of fun – motorcycling, surfing, skateboarding – were marketed into fundamentalist factions. Deus ex Machina simply says there's no "right way" to do individualism, it's all the same juice. Initially inspired by the youthful exuberance of Tokyo's custom Yamaha scene, Deus bikes continue to centre around craft and culture. Not your typical flagship, Deus Temples manifest as showrooms, cafes, studios, workshops and retail spaces. Each one is a shrine to "run-what-you-bring" resourcefulness and street-honest industrial art. Deus Classics are a timeless collection of t-shirts, jackets, jerseys and accessories celebrating the enthusiasms that continue to inspire us.
Definitions:
For purposes of this Policy and Manual:
"Data Subject" means the individual or entity whose Personal Information is being processed;
Information Officer" means the person appointed to oversee compliance with POPIA (which regulates the lawful processing of Personal Information) and PAIA (which provides for access to information);
"Information Regulator" means a regulatory authority tasked with monitoring and enforcing compliance with the provisions of POPIA and PAIA;
"Personal Information" means any information relating to an identifiable, living natural person or juristic person, including but not limited to name, contact details, identification numbers, financial information, and online identifiers; and
"Processing" means any operation or activity concerning Personal Information, such as collection, use, storage, dissemination, or destruction.
Collection of Personal Information
We collect Personal Information only when lawful and necessary. The types of Personal Information we may collect include:
• identifying and contact information: name, email address, telephone number, physical address;
• financial information: credit card details for purchases;
• health information: where applicable (e.g., adverse reactions to products); and
• online activity data: website usage, purchase history, browsing preferences, and tracking information.
We may collect Personal Information: (i) directly from you when you interact with us, register an account, or make purchases; or (ii) from third parties where you have authorised such collection.
If you choose not to provide certain Personal Information, we may be unable to provide specific products or services.
Lawful Basis for Processing Personal Information
We process Personal Information based on the following legal grounds:
• where you have given consent to the Processing of Personal Information;
• to provide you with products or services you have requested;
• where we are required to collect or retain information under South African law; and
• for purposes such as improving our website, marketing communications, and customer service.
Purpose of Collecting and Processing Personal Information
We collect and process your Personal Information to:
• fulfil your purchase orders and deliver products;
• communicate with you regarding promotions, store launches, and events;
• maintain and service your account;
• improve our website functionality and user experience; and
• comply with legal obligations.
Your Rights Under POPIA
As a data subject, you have the following rights:
• you may request access to your Personal Information;
• you may request that we correct any inaccurate or incomplete Personal Information;
• you may object to the Processing of your Personal Information under certain circumstances;
• you can withdraw consent where Processing is based on your consent; and
• you may request deletion of Personal Information no longer required for legal or operational purposes.
To exercise these rights, please contact our Information Officer (details below).
Security and Safeguards
We take all reasonable steps to protect your Personal Information from loss, misuse, unauthorised access, or destruction, including:
• data encryption and secure servers for online transactions;
• limited access to Personal Information by authorised personnel; and
• regular security updates and monitoring.
In the event of a data breach, we will notify the Information Regulator and affected data subjects in accordance with POPIA.
Sharing of Personal Information
We will not share or disclose your Personal Information to third parties except to:
• service providers, such as IT providers, payment processors, delivery companies;
• where required by law, regulation, or court order; and
• where you have specifically authorised sharing.
Cross-Border Transfer of Personal Information
If Personal Information is transferred outside the Republic of South Africa, we will ensure that the receiving party adheres to equivalent data protection laws or enters into binding agreements to safeguard your Personal Information.
Retention of Personal Information
We will retain your Personal Information only for as long as necessary to fulfil the purposes for which it was collected, or as required by law.
Direct Marketing and Consent
• All direct marketing communications shall contain Deus Ex Machina's details and a method to opt out of receiving further marketing communications.
• Deus Ex Machina may send electronic direct marketing communications to customers who have consented to receiving it. Consent may be requested once, and this covers consent for all communication that may be sent. The Company will keep records of:
date of consent;
wording of the consent;
who obtained the consent; and
proof of option/s to opt out on each marketing communication.
Requests Under PAIA
Requests for access to records under PAIA must be submitted to our Information Officer.
Our PAIA Manual, which details the process for requesting access to information, is available below.
Contact Details of the Information Officer
Our Information Officer oversees compliance with POPIA and PAIA. For queries, complaints, or to exercise your rights, please contact:
Name: Aaron Van Schaik
Email address: aaron.van.schaik@deuscustoms.com
Telephone no: 0843555464
Physical address: 140 Main Road, Hout Bay, Cape Town, 7806, South Africa
Changes to this Policy and Manual
We may update this Policy and Manual periodically to reflect changes in legal requirements or business operations. Please review this page regularly for updates.
Complaints
If you believe your Personal Information has been processed unlawfully, you may lodge a complaint with the Information Regulator:
Email address: complaints.IR@justice.gov.za
Telephone no.: +27 (0) 10 023 5200
Website: www.justice.gov.za/inforeg
PAIA MANUAL
Introduction
• This PAIA Manual has been prepared in accordance with Section 51 of PAIA to assist individuals in requesting access to records held by Deus Ex Machina.
• PAIA provides for the constitutional right of access to information held by both public and private bodies, where such information is required for the exercise or protection of rights.
• The Information Officer is responsible for overseeing PAIA compliance and ensuring the Manual is accessible.
Guide of the South African Human Rights Commission ("SAHRC")
The SAHRC has compiled a PAIA guide to assist individuals in exercising their rights under PAIA. The guide is available at:
Email address: paia@sahrc.org.za
Telephone no.: +27 (0) 11 877 3600
Website: https://www.sahrc.org.za
Records Held by Deus Ex Machina
The following categories of records are available, subject to PAIA provisions, and applicable legal requirements:
• company records: company registration documents; Memorandum of Incorporation; shareholder agreements; minutes of meetings;
• financial records: annual financial statements; tax records (VAT, PAYE, income tax); invoices and payment records;
• customer records: customer details and account records; sales and purchase records; marketing and communications;
• personnel records: employment contracts; employee Personal Information; payroll records; policies and procedures; and
• IT and operational records: website usage and tracking information; security protocols; IT infrastructure and backup information.
Access to Records
A request for access to records must be made in accordance with PAIA using the prescribed Form 2 (available by clicking here). The following must be provided when submitting a request:
• sufficient details to identify the record(s) being requested;
• the requestor's identity and contact details;
• the format in which access is required (e.g., electronic, hard copy); and
• proof of payment of the prescribed access fee (if applicable).
Requests must be submitted to the Information Officer using the contact details provided above.
• PAIA allows a private body to charge fees for accessing records as per the fee schedule (determined by PAIA regulations from time to time). These include, but are not limited to:
• a request fee: a standard fee payable upfront for processing the request; and
• an access fee: a fee payable for the time spent and costs incurred in providing the record.
Grounds for Refusal of Access
Access to records may be refused in terms of PAIA where:
• the information is protected under privacy laws;
• the information is confidential to a third party;
• providing access may endanger the safety of individuals;
• providing access would compromise commercial or legal interests; and
• the request is frivolous or vexatious.
Remedies Available
Should a request for access be denied, the reasons will be provided, and the requestor has the right to:
• lodge an internal appeal, where applicable;
• lodge a complaint with the Information Regulator; or
• apply to court for appropriate relief.
Availability of the Manual
This Manual is available for inspection on:
• the company's website: [https://www.deuscustoms.co.za/]; or
• at the company's offices [situated at 140 Main Road, Hout Bay, Cape Town, 7806] during normal working hours [08h30 – 17h00].
A copy may also be requested from the Information Officer, subject to the payment of a reasonable fee.
Updates to this Manual
This Manual will be updated as necessary to reflect changes in legal or business requirements. The latest version will always be available on our website.
Approval
Approved by:
Name: Aaron Van Schaik
Designation: Information Officer
Tigerlily Investments (Pty) Ltd t/a Deus Ex Machina South Africa
Date: 29/05/2025
COLLECTION OF PERSONAL INFORMATION BY Deus Ex Machina Motorcycles
Deus Ex Machina Motorcycles will only collect personal information about you by lawful and fair means and not in an unreasonably intrusive manner. The types of information we may collect include:
a. Identifying and contact information (for example, name, address and email address);
b. Financial information (for example, credit card details);
c. Health information (for example, where a customer may suffer an adverse reaction to a product); and
d. If you register an account with us and/or purchase products through our website, information about your purchases and your other activity on our website (for example, tracking which areas of the website you visit and the content you view).
We collect personal information to provide you with the products and services you request, as well as information on other products and services offered by us. We may also be required by law to collect some personal information.
Where possible, we will collect personal information directly from you or a person authorised to provide this information on your behalf. Should we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of this.
If you do not provide personal information requested of you to Deus Ex Machina Motorcycles, we may be unable to provide you the products or services you have requested or contact you in the future.
USE AND DISCLOSURE OF PERSONAL INFORMATION BY Deus Ex Machina Motorcycles
Deus Ex Machina Motorcycles
We will use your personal information to:
a. Fulfil your purchase orders for our products and/or gift certificates;
b. Provide you with copies of our newsletter;
c. Maintain, update and service your account with us;
d. Maintain, administer and improve our systems;
e. Improve our website, including to modify it to your usage, history and preferences; and
f. Provide you with information about our products, store launches, events or other promotional information.
If you provide your email address, you consent to Deus Ex Machina Motorcycles using your email address to contact you for the purposes listed above.
In order to properly conduct our activities, we may disclose (with your consent where necessary) personal information to other persons or organisations. Such persons and organisation include:
a. Our service providers (such as IT service providers and mail houses); and
b. Other parties to whom we are authorised or required by law to disclose information.
DATA QUALITY AND SECURITY
To the extent required by the Privacy Act, Deus Ex Machina Motorcycles will take reasonable steps to:
a. Make sure that the personal information we collect, use and disclose is accurate, complete and up to date;
b. Protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure; and
c. Where permitted by law, destroy and permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Act.
Deus Ex Machina Motorcycles’s credit card transactions are fulfilled by an authorised banking institution. When collecting credit card information for online purchases, Deus Ex Machina Motorcycles offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.
USE OF COMMONWEALTH GOVERNMENT IDENTIFIERS
Deus Ex Machina Motorcycles will not use Commonwealth government identifiers as its own identifier of individuals. We will only use and disclose such identifiers in the circumstances permitted by the Privacy Act.
ANONYMITY
Deus Ex Machina Motorcycles will generally provide individuals with the option of not identifying themselves when entering into transactions when it is lawful and practicable to do so. However, on many occasions, we will not be able to do this. For example, we will need your address in order to deliver any products purchased through our website.
TRANSFER OF PERSONAL INFORMATION OVERSEAS
If Deus Ex Machina Motorcycles transfers your personal information outside South Africa we will comply with the requirements of the Privacy Act that relate to transborder data flows.
ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION
Please contact Deus Ex Machina Motorcycles if you would like to seek access to or correct the personal information we hold about you. Deus Ex Machina Motorcycles will generally provide you with access to your personal information if practicable and will take reasonable steps to amend any personal information about you which is inaccurate or out of date.
Further information, complaints and requests for access or correction
If you: a. have any queries about how Deus Ex Machina Motorcycles handles your personal information;
b. would like to access or correct the personal information we hold about you; or
c. have any concerns or complaints about the manner in which your personal information has been collected or handled by us,
Please contact us by:
a. Telephone: 021 5690625
b. Mail:hello@deuscustoms.co.za