Privacy policy

Forever Fresh Foods (Pty) Ltd trading as Proactive Foods

Effective date: 6 August 2026

1. ABOUT THIS PRIVACY POLICY

1.1 This Privacy Policy explains how Forever Fresh Foods (Pty) Ltd, registration number 2016/132807/07, trading as Proactive Foods, collects, uses, shares, stores and protects personal information.

1.2 In this Privacy Policy, “Proactive Foods”, “Forever Fresh Foods”, “we”, “us” and “our” refer to Forever Fresh Foods (Pty) Ltd.

1.3 This Privacy Policy applies when you visit or use proactivefoods.co.za, create or use a customer account, place or attempt to place an order, contact us, subscribe to marketing, participate in a promotion, survey or customer-support interaction, or otherwise provide personal information to us.

1.4 This Privacy Policy must be read with our Terms of Service, Shipping Policy, Refund Policy and any product-specific, promotion or application notice presented to you.

1.5 “Personal information” has the meaning given to it under the Protection of Personal Information Act 4 of 2013, commonly referred to as POPIA. It includes information relating to an identifiable natural person and, where applicable, an identifiable existing juristic person.

1.6 “Processing” includes collecting, receiving, recording, organising, storing, updating, retrieving, using, sharing, combining, restricting, deleting or destroying personal information.

2. RESPONSIBLE PARTY

2.1 Forever Fresh Foods (Pty) Ltd is the responsible party for personal information where we determine why and how that information is processed.

2.2 Another organisation may act as a separate responsible party where it independently determines why and how it processes information. This may apply, for example, to a payment provider, courier, advertising platform, analytics provider or other service provider operating under its own legal and regulatory obligations.

2.3 Where a third party acts only on our instructions, it may act as an operator as contemplated in POPIA.

3. PERSONAL INFORMATION WE COLLECT

We may collect the categories of personal information described below, depending on your interaction with us.

3.1 Identity and contact information

This may include your full name, title, email address, mobile and telephone numbers, billing address, residential address, delivery address and preferred communication method.

3.2 Account and authentication information

This may include customer-account information, account identifiers, login and authentication records, one-time code or passwordless-login events, account preferences, communication preferences and records of suspected or confirmed unauthorised account access.

3.3 Order and transaction information

This may include products viewed, selected or purchased; order contents and values; billing and delivery details; order, invoice and transaction references; payment status; refunds, reversals, disputes and chargebacks; store-credit balances and transactions; delivery, collection and claim information; customer-support records; and previous purchase history.

3.4 Payment information

Payment information may include payment method, partial or masked payment-card information, payment tokens or provider references, payment success or failure status, reversals, chargebacks and fraud-screening results. Complete card details are ordinarily entered into and processed within the secure environment of the applicable payment provider. We do not ordinarily store complete card numbers on the Proactive Foods website.

3.5 Communications and customer-support information

This may include emails, WhatsApp messages, telephone-call details and lawful recordings, website-chat records, enquiries, complaints and responses, delivery instructions, photographs and documents submitted in support of a claim, and notes made by authorised staff when assisting you.

3.6 Marketing and preference information

This may include marketing consent, email, SMS and WhatsApp subscription status, campaign engagement, message opens and clicks where supported and lawfully used, opt-outs and suppression records, product and content interests, promotion participation and customer segments generated from purchase or engagement information.

3.7 Website and device information

When you use the website, we or our service providers may automatically collect internet protocol address, browser type and version, device type, operating system, approximate location derived from an IP address, time zone, cookie identifiers, referring and exit pages, pages and products viewed, search terms, dates and times of visits, website interactions, session and diagnostic information, and information relating to errors, fraud, abuse or website security.

3.8 Information from third parties

We may receive personal information from ecommerce providers, payment providers, fraud-prevention services, couriers and logistics providers, communications providers, marketing and analytics platforms, customer-service providers, public records and lawful databases, another person authorised to act for you, or a business partner involved in a promotion or service you have requested.

4. HOW WE COLLECT PERSONAL INFORMATION

4.1 We may collect personal information directly from you; when you use the website or customer account; when you place or attempt to place an order; when you contact us; when you authorise another person to act for you; from our service providers and business partners; through cookies and similar technologies; or from lawful public, identity, fraud-prevention or payment-related sources.

4.2 Where reasonably practicable, we collect personal information directly from you. We may collect it elsewhere where permitted by law and reasonably necessary for the relevant purpose.

5. WHETHER PROVIDING INFORMATION IS MANDATORY

5.1 Some information is required to create or secure an account, process an order or payment, deliver products, perform identity or fraud checks, comply with law, or provide a requested service.

5.2 Where required information is not provided, we may be unable to process an order, approve an account, deliver products or respond fully to a request.

5.3 Information requested only for optional marketing or a voluntary feature will be identified or treated as optional where appropriate.

6. PURPOSES FOR WHICH WE USE PERSONAL INFORMATION

We may process personal information to:

(a) provide, operate, secure and improve the website and customer accounts;

(b) process and confirm orders and payments;

(d) arrange dispatch, delivery or collection;

(e) process claims, refunds, replacements and credits;

(f) communicate with you and provide customer support;

(g) verify identity and authority and prevent fraud, abuse and unauthorised transactions;

(h) analyse business performance, customer behaviour and website use;

(i) forecast demand, improve products and services, and manage suppliers and service providers;

(j) conduct audits, reconciliations and staff training using appropriately controlled information;

(k) comply with tax, accounting, consumer, privacy and other legal obligations;

(l) respond to lawful requests and establish, exercise or defend legal claims; and

(m) send lawful marketing and advertising in accordance with your preferences and applicable law.

7. GROUNDS ON WHICH WE PROCESS INFORMATION

7.1 Depending on the circumstances, we may process personal information with your consent; to conclude or perform a contract with you; to comply with a legal obligation; to protect your legitimate interests; to pursue our legitimate interests or those of a third party where permitted by law and balanced against your rights; or on another ground permitted by POPIA or applicable law.

7.2 Where processing is based on consent, you may withdraw that consent subject to legal and contractual limitations. Withdrawal does not invalidate processing that was lawful before withdrawal.

7.3 We do not rely on marketing consent to send communications reasonably necessary to administer an order, payment, customer account, delivery, support case or another existing contractual relationship.

8. COOKIES AND SIMILAR TECHNOLOGIES

8.1 We and approved service providers may use cookies, pixels, tags, software-development kits and similar technologies.

8.2 These technologies may be used to operate the website and checkout, remember preferences, authenticate accounts, maintain security, prevent fraud, understand website use, measure performance, improve products and content, support advertising and campaign measurement, and personalise content where permitted.

8.3 Some cookies are necessary for the website to function. Others may be used for analytics, personalisation or advertising.

8.4 You may manage cookies through available website controls and your browser or device settings. Blocking necessary cookies may prevent some website, account or checkout functions from operating correctly.

8.5 Third-party platforms may place or access cookies in accordance with their own privacy notices and your applicable settings.

9. ANALYTICS AND ADVERTISING

9.1 We may use approved ecommerce, analytics, search, social-media, video-platform and advertising services.

9.2 These services may process device, cookie, interaction, transaction or campaign information to measure website traffic, understand customer journeys, measure orders and conversions, assess advertising performance, prevent fraudulent advertising activity and deliver or measure relevant advertising.

9.3 The providers’ own privacy terms, account controls and advertising settings may apply to their independent processing.

9.4 You can manage relevant advertising and privacy preferences through the settings offered by the applicable provider, your device, browser and any cookie controls available on our website.

10. SHARING PERSONAL INFORMATION

We may share personal information with the following categories of recipients where reasonably necessary and lawful:

(a) ecommerce, hosting and website-service providers;

(b) payment gateways, banks, acquiring institutions, fraud-screening services and payment-support providers;

(d) communications, customer-service, email, SMS and WhatsApp providers;

(e) analytics, search, social-media, video-platform, advertising, security and technical-service providers;

(f) accountants, auditors, legal advisers, consultants, insurers and other professional advisers;

(g) authorities and legal recipients where required or permitted by law;

(h) prospective or actual counterparties and successors in connection with a lawful business transfer or reorganisation; and

(i) another party where you instruct or lawfully authorise us to do so.

A service provider may act as our operator or as a separate responsible party, depending on the nature of its role and the applicable agreement and law.

11. CROSS-BORDER PROCESSING

11.1 Some of our service providers, systems, support teams, cloud infrastructure or data-storage facilities may be located outside South Africa.

11.2 Personal information may therefore be processed or stored in another country.

11.3 Where personal information is transferred outside South Africa, we will take reasonable steps to ensure that the transfer is permitted under POPIA. Depending on the circumstances, this may involve an adequate level of protection in the recipient country, a binding agreement requiring appropriate protection, consent where legally appropriate, performance of a contract, or another lawful basis.

11.4 Foreign laws may require a service provider to disclose information to an authorised authority in that jurisdiction. Any such processing remains subject to the provider’s legal obligations and applicable safeguards.

12. DIRECT MARKETING AND COMMUNICATION PREFERENCES

12.1 We may send direct marketing by email, SMS, WhatsApp or another electronic channel where you have provided the required consent, the communication is otherwise permitted by law, or another lawful basis applies.

12.2 Marketing consent is not a condition of purchasing ordinary products unless a specific voluntary promotion lawfully requires participation communications.

12.3 Each electronic marketing message will provide, or be linked to, a reasonably practicable means of opting out.

12.4 You may also ask us to stop direct marketing by contacting us using the details in clause 22.

12.5 We will maintain suppression or opt-out records so that we can respect your preference. This means we may retain limited contact information even after an opt-out.

12.6 Opting out of marketing does not stop transactional or service communications reasonably necessary for an order, payment, delivery, account security, support or another existing contractual relationship.

13. DATA RETENTION

13.1 We retain personal information only for as long as reasonably necessary for the purpose for which it was collected, or for a longer period where retention is required or authorised by law, required by a contract, reasonably required for tax, accounting, audit or regulatory purposes, required to prevent fraud or abuse, required to establish, exercise or defend a legal claim, consented to by the data subject, or otherwise lawfully justified.

13.2 Retention periods may differ by information type. Order and payment records may be kept for accounting, tax, dispute and legal purposes; electronic-acceptance records may be kept to evidence an agreement; support and complaint records may be kept while a matter remains open and for a reasonable period afterwards; marketing information may be retained until consent is withdrawn, the purpose falls away or the information is no longer required, subject to suppression records; and security and technical logs may be retained for a period appropriate to their operational and security purpose.

13.3 When information is no longer required, we will delete, destroy, de-identify or restrict it as appropriate and reasonably practicable.

13.4 A deletion request does not require us to delete information that we must or are lawfully entitled to retain.

14. INFORMATION SECURITY

14.1 We take appropriate and reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised destruction, unlawful access, unauthorised disclosure, unauthorised alteration and misuse.

14.2 Measures may include access controls, authentication, role-based permissions, secure payment processing, encryption where appropriate, system monitoring, backups, staff confidentiality and training, provider due diligence, contractual safeguards and incident-response procedures.

14.3 No online system or transmission method can be guaranteed to be completely secure. You must also take reasonable steps to protect your customer account, email account, mobile number and authentication methods.

15. SECURITY COMPROMISES

15.1 If there are reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will investigate and take the steps required by applicable law.

15.2 Where notification is required, we may notify the Information Regulator and affected persons as soon as reasonably possible, subject to any lawful delay requested by an authorised authority.

15.3 A notice may describe the nature of the compromise, the information affected, the measures taken or planned, steps you may take to reduce potential harm, and contact details for further assistance.

16. ACCURACY OF INFORMATION

16.1 We take reasonably practicable steps to keep personal information complete, accurate, not misleading and updated where necessary for the purpose for which it is used.

16.2 You are responsible for providing accurate information and for notifying us when your contact details, delivery address, payment information, account information or other relevant details change.

16.3 We may ask you to verify information before acting on a request or making a material account change.

17. YOUR RIGHTS

Subject to POPIA and applicable law, you may have the right to:

(a) ask whether we hold personal information about you;

(b) request access to personal information we hold about you;

(c) request correction or deletion of information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained;

(d) request destruction or deletion of information that we are no longer authorised to retain;

(e) object to processing on lawful grounds;

(f) withdraw consent where processing is based on consent;

(g) object to direct marketing;

(h) request information about the identity of third parties who have had access to your information where applicable;

(i) complain to us;

(j) complain to the Information Regulator; and

(k) exercise any other right available under applicable law.

18. HOW TO EXERCISE YOUR RIGHTS

18.1 You may submit a request using the contact details in clause 22.

18.2 Please provide enough information for us to identify you, locate the relevant information, understand the request and verify that you are authorised to make it.

18.3 We may require proof of identity or authority before giving access to information or changing an account. This is intended to protect personal information from unauthorised disclosure.

18.4 A request may be subject to the procedures prescribed by POPIA or PAIA, lawful grounds for refusal, protection of another person’s rights, record-retention obligations and any fee lawfully permitted or prescribed.

18.5 Where we cannot comply fully, we will provide the response or explanation required by applicable law.

19. INFORMATION ABOUT OTHER PEOPLE

19.1 If you provide personal information about another person, you confirm that you are authorised to do so and that the information is accurate.

19.2 You must inform that person of any material privacy information required by law.

19.3 This may apply where you place an order for another recipient, provide an alternative delivery contact, nominate a person to receive goods, act on behalf of a business or submit information for another authorised person.

20. CHILDREN

20.1 The website and ordinary purchasing services are intended for persons aged 18 or older.

20.2 A parent or legal guardian must transact where goods are being purchased for a minor.

20.3 If you believe that a child has submitted personal information to us without proper authority, contact us so that we can investigate and take appropriate action.

21. THIRD-PARTY WEBSITES AND SERVICES

21.1 The website may contain links to third-party websites, tools or services.

21.2 A third party’s privacy policy applies to information that it collects and controls independently.

21.3 We do not control an independent third party’s privacy practices merely because we provide a link to its service.

21.4 Where the third party provides a service as part of a Proactive Foods transaction, responsibilities will be determined by the relevant agreement, privacy notice and applicable law.

22. CONTACT DETAILS AND INFORMATION OFFICER

22.1 The responsible party is:

Forever Fresh Foods (Pty) Ltd
Registration number: 2016/132807/07
Trading as: Proactive Foods

22.2 Physical and postal contact address:

Forever Fresh Building
Unit 1A, 2 Erica Way
Somerset West Business Park
Somerset West
7130
Western Cape
South Africa

22.3 General and privacy email: info@proactivefoods.co.za

22.4 Telephone: 087 550 1579

22.5 Privacy requests and complaints should be marked for the attention of:

The Information Officer
Forever Fresh Foods (Pty) Ltd

22.6 When contacting us, include sufficient information for us to identify the relevant account, order or privacy request.

23. COMPLAINTS TO THE INFORMATION REGULATOR

23.1 We encourage you to contact us first so that we can investigate and attempt to resolve your concern.

23.2 You may also submit a complaint to the Information Regulator of South Africa using the contact details and complaint channels published on the Information Regulator’s official website.

23.3 Nothing in this Privacy Policy limits a right to approach a court or another authority with jurisdiction.

24. CHANGES TO THIS PRIVACY POLICY

24.1 We may update this Privacy Policy to reflect changes to our services, systems, service providers, information-processing practices, legal or regulatory requirements, or operational requirements.

24.2 We will publish the revised policy on the website and update the effective date.

24.3 Where a change materially affects an existing transaction or consent and applicable law or the relevant agreement requires additional notice or consent, we will follow that process.

24.4 Previous versions may be retained for legal, audit and evidentiary purposes.