NIHONGO NO NIWA

Terms & Conditions of Use

 

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Welcome to the www.nihongononiwa.com website (the “Website”).

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USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.

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The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.

This Website is operated by Nihongo no Niwa. (hereinafter “Nihongo no Niwa”, "日本語の庭”, "we", "us", "our").
Any products or services offered on the Website are provided directly by Nihongo no Niwa.
Nihongo no Niwa  reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.

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1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “Nihongo no Niwa” trademark, are owned and the intellectual property of Nihongo no Niwa.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “Nihongo no Niwa” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of Nihongo no Niwa. Such trademarks and signs may not be used in connection with any product or service that does not originate with Nihongo no Niwa, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “Nihongo no Niwa” name and trademark and products or services bearing the “Nihongo no Niwa” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to Nihongo no Niwa and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.

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2. Disclaimer
This Website and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. Nihongo no Niwa expressly disclaims any representations and warranties.

In no event shall Nihongo no Niwa or any other Nihongo no Niwa company be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if Nihongo no Niwa has been advised of the possibility of such damages) arising out of:

(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,(g) statements or conduct of any third party on the Website or
(h) any other matter relating to the Website.

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Therefore, by using this Website, you undertake to bear all risks connected with such use, holding Nihongo no Niwa or any other Nihongo no Niwa company harmless from any damage deriving or caused by the use of this Website or connected with it.
Nihongo no Niwa will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by Nihongo no Niwa or any other company authorized by Nihongo no Niwa for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Material in this Website may contain inaccuracies or typographical errors. Nihongo no Niwa is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.
However, Nihongo no Niwa reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Nihongo no Niwa shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

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3. Submissions
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to Nihongo no Niwa through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All submissions become Nihongo no Niwa's property upon submission to Nihongo no Niwa. By making a Submission to Nihongo no Niwa, you assign to Nihongo no Niwa all rights, title and interests, including copyrights, in the Submission. Nihongo no Niwa has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Nihongo no Niwa has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

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4. Cookies
Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.

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5. Privacy
Nihongo no Niwa understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested to knowingly and willingly provide some Personal Data, so that you may participate in the Website’s services, activities or features, particularly in member-only areas of the website. For the purpose of using these Website sections or function, you undertake to read the relevant privacy policy expressing, when requested, your consent to the processing of your personal data and you agree to provide true, accurate, current and complete information.
Personal Data is processed by the Data Controller – mainly using electronic tools – as identified in the relevant privacy policy. Whenever necessary and/or instrumental to the purposes for which Personal Data have been collected, your personal data may be processed by other entities appointed by the Data Controller for this purpose and belonging to the following categories:

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(a)   Other Nihongo no Niwa companies;
(b)   Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc...).

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Your personal data shall not under any circumstances be disseminated to unknown persons.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: nnnjapanese@gmail.com.

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6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. Nihongo no Niwa has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, Nihongo no Niwa cannot control these websites and external sources. Hence, Nihongo no Niwa cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, Nihongo no Niwa cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.

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7. Security
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of Nihongo no Niwa may be able to access or intercept transmissions or private communications without Nihongo no Niwa's permission or knowledge. Nihongo no Niwa makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and Nihongo no Niwa cannot be held liable for any breach of security which is not directly attributable to negligence on the part of Nihongo no Niwa.

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8. Acceptance of terms and conditions of use
By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold Nihongo no Niwa harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.

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9. Applicable Law and Jurisdiction
You agree that by accessing this Website you accept South African jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with South African law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of South Africa.
It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, in the event of any discrepancy between the original English language text and any translation into another language, the English original text shall be deemed the binding version.​

Last updated on July 1st, 2024

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Privacy Policy

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Nihongo no Niwa, together with its subsidiaries and affiliates (hereinafter collectively referred to as “Nihongo no Niwa”), are committed to protecting the confidentiality, integrity and security of your personal information (hereinafter “Personal Data”) that you may share with us.

This privacy policy describes how the Nihongo no Niwa entity in your jurisdiction (hereinafter “Nihongo no Niwa”, "日本語の庭", “we”, “our”, or “us”) collects, uses and discloses your Personal Data which we may collect through this website, mobile applications, cloud-based services, controlled widgets embedded in communication platforms and/or in our stores, by phone, email, incoming text messages and other locations, each with a link or a reference to this policy.

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1. Type and source of data
Personal Data voluntarily provided by the data subject
Nihongo no Niwa collects and processes the Personal Data that you directly and voluntarily provide through our website, by phone, email or incoming text messages and/or at an Nihongo no Niwa event or location, when you:
(i) purchase our products or services in store or place online, remote and/or other orders,
(ii) use other functionalities available on the website (for example: to subscribe to our newsletter, to send a request to our Client Service, to book an appointment in store, to connect or interact with us through social networks, etc);
(iii) choose to register into the Nihongo no Niwa customer database by creating your online account on the website or completing our customer profile in order to be provided with a personalised and tailored customer experience and exclusive services and benefits reserved for registered members,
(iv) interact with our Client Service team or our sales staff, and/or
(v) use our services.

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Depending on what you provide us with, the items of Personal Data may include your first and last name, title, location, date of birth, email address(es), billing address(es), delivery address(es), telephone number(s), credit card information, details of purchases, and/or any other information regarding you that you may decide to provide during the interactions with our Client Service or with sales staff.

If you decide to register on the website through the social login function, please be informed that Nihongo no Niwa will have access to the Personal Data of your social account (for example, your email address and your public profile) in accordance with the privacy settings of the applicable social media platform. For more information, please refer to the related privacy statements on the applicable social media platform; Nihongo no Niwa does not oversee or control such social media services or user profiles on these platforms and does not establish privacy settings or rules regarding how Personal Data is used on such platforms.
In addition, we may also obtain information about you as a result of authentication or identity checks (for example, you may be asked to present your identity document when you pick up your purchase in-store). Nihongo no Niwa uses this information to identify you as a customer, to process your order, to deliver products and services and/or to process payments.

If you call our Client Service team or our Client Service team contacts you with the details you have provided to us, please note that calls may be recorded for quality assurance and record-keeping purposes. In such instance, you will be informed of this before the recording starts.
Furthermore, when you call, send an e-mail or text to our Client Service team and/or sales staff, we collect your e-mail address and/or phone number you used to contact us, so that we can reply to any request, as well as any additional Personal Data contained in your message or provided by you within the course of your interactions with us.

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Browsing data
During their normal operation, the computer systems and software procedures used to operate our website collect certain personal data (log files). The transmission of such data is inherent to the use of internet communication protocols. This information is not collected in order to be associated with specific data subjects. However, due to its nature, this information can allow users to be identified by means of its processing and integration with data held by third parties. Such information includes the IP addresses or domain names of the computers you use to visit our Website, URIs (Uniform Resource Identifiers) of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical status code of the server reply (successful, error, etc.) and other parameters concerning the user's operating system and computer environment. This data is used with the sole purpose of obtaining anonymous statistical information on the use of our website and to guarantee its correct operation.

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Cookies
This website uses cookies and similar technologies, including third-party cookies, to ensure its efficient functioning, perform statistical analysis, improve our services and send our online advertising messages in line with your preferences. Cookies are small text files that are sent to terminal you use to access to the Internet (usually to your browser) by the websites you visit. Cookies are stored in your computer or device to be recognized by those websites on your subsequent visits. 

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Combinations
We may combine passively collected data with data that you actively submit to us so as to, for instance, provide better service to website visitors, customize the website based on your preferences, compile and analyze statistics and trends, to otherwise administer and improve the website for your use, and to personalize offers (for example, combined information may allow us to recommend products to you based on what you have liked in the past). We may combine information collected on the website with information collected by phone, e-mail or incoming text message or from the in-store experience in order to provide a service customized to your needs. We may also combine information we collect about you from the different devices you use to access our website and/or information we get from third parties with Personal Data we already have about you.

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Personal Data of Minors
You must be at least 16 years old (or older depending on your country or state of residence) in order to provide us with Personal Data. Nihongo no Niwa protects the Personal Data of minors in accordance with the relevant national laws and regulations. If Nihongo no Niwa discovers that it has collected Personal Data about a minor, without the prior consent of a verifiable parent or legal guardian, it will de-activate the minor’s account and try to delete the data as soon as possible.

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2. Purpose and legal bases of the processing
Your Personal Data may be processed and used for the following purposes:
(a) to provide you with products, services and information you request from us, communicate with you and manage your relationship with Nihongo no Niwa;
(b) to process or fulfill your online, remote and/or other purchase orders and perform all management activities connected with them (including administrative management of the contract, delivery of goods or services, payment processing, invoicing, management of any products exchanges and returns, handling of any claims and litigation, and fraud prevention), and to comply with any applicable legal or regulatory obligations;
(c) to provide you with post-sale services (including product warranty and repairs service);
(d) to send by email the newsletters and other marketing communication regarding the “Nihongo no Niwa” brand and other Nihongo no Niwa products, services, initiatives and events as a result of your subscription to the service.

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We collect and use your Personal Data based on one or many of the legal basis provided for by the applicable data protection laws, including:

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- the processing is necessary in connection with any contract between Nihongo no Niwa and you (for example, when you make a purchase) or for the taking of pre-contractual steps at your request;
- we have obtained your prior consent (for example, when you opt-in to receive our marketing communications). Please note that you have the right to withdraw your consent at any time, by using the “unsubscribe” link included in all of our commercial electronic communications, and/or by using any other appropriate procedures which may be made available to you by Nihongo no Niwa (e.g. by logging into your online account);
- we have a legitimate interest in carrying out the processing and that legitimate interest is not overridden by your own interests, fundamental rights, or freedoms (for example, to prevent payment fraud);
- the processing is necessary for claiming legal rights or as part of judicial or security procedures;
- we have to process your personal data to comply with applicable laws and regulations.

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3. Nature of the provision of Personal Data
The provision of Personal Data is optional.
However, if you wish to make a purchase order, register to the Nihongo no Niwa customer database, receive information on Nihongo no Niwa's products and services, and/or use any other services offered on the Website, remotely and in person, you need to fill in all mandatory fields of the relevant forms and provide us with the required Personal Data as necessary in relation to the purposes for which they will be processed. If you do not provide this information, then it may delay or prevent us from processing your request, responding to your query or providing products or services to you.
You may withdraw your consent to receive our commercial communications and modify your communication preferences and/or opt-out from specific electronic communications at any time, by using the “unsubscribe” link included in all of our commercial electronic communications, and/or by using any other appropriate procedures which may be made available to you by Nihongo no Niwa (e.g. by logging into your online account).
You also can withdraw from or cancel your registration in the Nihongo no Niwa customer database at any time by logging into your online account.

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4. Processing methods
Your Personal Data will be processed by suitable electronic or automated means and computerised tools, or manually and on hard copy, exclusively for the purposes for which they have been collected and guaranteeing the security and confidentiality of any processed information through the adoption of appropriate measures to prevent the alteration, cancellation, destruction, unauthorized access or processing or actions not in accordance with the purpose of collection. Your Personal Data will be processed by Nihongo no Niwa's internal staff committed to the confidentiality and duly authorised to do so under their respective job duties.

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5. Transfer and disclosure of data
Whenever necessary and/or instrumental to the above purposes, your Personal Data may be processed on behalf of Nihongo no Niwa by other entities engaged by Nihongo no Niwa in the correct and regular pursuit of the described purposes, including:​

• Service Providers: third party service providers, consultants and firms providing advisory and/or consulting activities, or performing related services that are instrumental to data processing on behalf of Nihongo no Niwa, including website analytic services, hosting, transaction and payment processing, promotional campaign management, fraud prevention, shipping of goods, IT maintenance, etc.

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All entrusted parties are bound by a strict confidentiality agreement including a contractual obligation to implement appropriate security measures to protect the Personal Data shared with them and to process such data solely within the scope of the work outsourced.
Nihongo no Niwa may also disclose specific information when such disclosure appears necessary to comply with the law, a subpoena or other litigation process or to protect the interests or safety of its visitors and customers, Nihongo no Niwa employees or others.
As Nihongo no Niwa is part of an international network your Personal Data may be transferred abroad, even temporarily, in accordance with applicable legislation, by adopting all appropriate security measures and safeguards to ensure an adequate level of data protection and security.
Your Personal Data will not be used for third-party advertising purposes or for the promotion of products, services or initiatives by entities other than the Nihongo no Niwa, nor shall they be disclosed to unknown persons under any circumstances.

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Data communication within Nihongo no Niwa
Please also note that if you agree to register for the purposes referred to in Section 2, letters (e)-(g), the Personal Data of your profile into the Nihongo no Niwa customer database will be automatically visible to, and securely shared with, any Nihongo no Niwa affiliates globally to provide you with the same quality of service wherever you choose to interact with us around the world (i.e. when you travel and purchase our products or visit our stores). Nihongo no Niwa will take all appropriate and suitable security and confidentiality measures as required by applicable legislation to ensure an adequate standard of data protection.

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6. Retention period
Your Personal Data will be processed and stored for: (a) as long as required to carry out the purposes for which the Personal Data was collected, (b) in accordance with the storage periods provided for by the applicable laws, or (c) until you revoke your consent to the processing/storage of your Personal Data, if applicable. After the conclusion of such period(s), and where there is no legal or business purpose for retaining your Personal Data, it will be automatically and permanently erased or made anonymous.
In particular, regarding the data processing of registered members into Nihongo no Niwa customer database:

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• Personal Data of your membership account are kept for a period of 7 years from the date of your last interaction with the Nihongo no Niwa or otherwise until you withdraw from or cancel your registration in the Nihongo no Niwa customer database; and

• Purchase details are kept for a period of 7 years from the date of purchase.

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7. Your rights
Please note that you may exercise your rights under the applicable data protection laws, including the right to request information as to whether your Personal Data is being processed and as to the characteristics of the processing, the right to rectification and erasure of your Personal Data, to limitation of the data processing and/or the right to object to the processing, to request the transmission of your Personal Data to another controller, and/or to lodge a complaint with the competent supervisory authority or take legal action if you believe there is non-compliance with the provisions of the applicable laws.
You also have the right to withdraw your consent for the processing of your Personal Data by Nihongo no Niwa at any time, without charge. The withdrawal of your consent will not affect the lawfulness of processing based on your consent before its withdrawal.

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8. Data controller and contacts
The Data Controller, which means the entity who decides on the methods and purposes of the processing of your personal information by determining “why” and “how” your Personal Data is collected and used, is:
Nihongo no Niwa
Cape Town (South Africa)
Group Data Protection Officer
e-mail: nnnjapanese@gmail.com

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For the purposes referred to in Section 2 letters (a) to (c), the Data Controller is the Nihongo no Niwa entity operating the Nihongo no Niwa (online or in your jurisdiction). 

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If you have any requests regarding your Personal Data, have any inquiries regarding this Privacy Policy, or you would like to exercise your rights (including requesting access, correction or erasure of your Personal Data), please contact (free of charge) us by writing to the addresses listed above.

Nihongo no Niwa reserves the right to amend this Privacy Policy at any time. The Privacy Policy currently in force is the one published on our website.

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Last updated: July 1st, 2024