WELCOME TO THE MYWUDHUCOMPANION.COM PRIVACY POLICY
This
Privacy Policy applies to all users of our Website, related
mobile-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.
The purpose of this Privacy Policy is to set out how, why, and when MYWUDHUCOMPANION.COM (“MWC”) uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).
It
is important that you read this Privacy Policy together with our other
terms and conditions, privacy notices or policies we may provide from
time to time when we collect or use your Personal Information.
Further,
please pay special attention to the clauses in this Privacy Policy that
appear in similar text and style (i.e. bold) which:
▪ may limit the risk or liability of MWC or a third party.
▪ may create risk or liability for the user.
▪ may compel the user to indemnify MWC or a third party.
▪ serves as an acknowledgment, by the user, of a fact.
We
respect your privacy and take the protection of Personal Information
very seriously. We strive to deliver excellent service every time you
shop with us, and to do this, we need to use some of your Personal
Information. This Privacy Policy describes how we handle the Personal
Information we collect about you and/or receive from you. By using our
Platforms, you agree to the processing of your Personal Information as
set out in this Privacy Policy.
In this Privacy Policy, the terms –
▪ “Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
▪ “We”, “us” or “our” refers to MWC.
▪ “You” and “your” refer to every person who accesses or uses our Platforms also referred to as a user.
▪ “Registered user(s)”
refers to anyone registered on our Platforms and has provided us with a
unique email address and password as well as other Personal Information
in order-to-order goods and services on our Platforms.
IF YOU ARE BELOW THE AGE OF 18
If
you are below the age of 18 years, you must always get permission from
your parent or guardian before you use our Platforms or give us your
Personal Information. We may check that your parent or guardian has
given you such permission, for example by asking you to provide us with
your parent’s or guardian’s contact details so we can contact them. We
may also check that the contact details you have given us are correct
and are the details of a person who is actually your parent or guardian.
If we are not able to verify such permission or if a parent or guardian
confirms that you do not have their permission, you may not use our
Platforms.
Further, MWC may not sell liquor or tobacco products to
you if you are under the age of 18 regardless of any supervision by a
parent or guardian. You may be requested to provide proof of your age
before receiving any liquor or tobacco products ordered via our
Platforms.
WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS
MWC
processes Personal Information in a manner that is reasonable,
adequate, relevant, non-excessive and purpose-specific. In order for
users to access and use our Platforms we collect and process some
Personal Information.
When you become a registered user, we have
to collect and process your Personal Information to render our services
to you. When you register to use our Platforms, we may collect the
following Personal Information:
▪ name and surname.
▪ email address.
▪ physical address.
▪ gender.
▪ mobile phone number.
▪ online identifiers.
▪ date of birth.
▪ identification number.
Should
your Personal Information change or you wish to amend and/or correct
this Personal Information you can do this by updating your registered
user information in your account profile.
You warrant that
the information you have provided is accurate, current, true and correct
and that does not impersonate or misrepresent any person or entity or
falsely state or otherwise misrepresent your affiliation with anyone or
anything.
Information from using our Platforms
When
you access our Platforms, whether or not you are a registered user, MWC
processes some of your Personal Information. Depending on how you
access and use our Platforms, we may receive:
▪ Log information,
through online identifiers, including information on how, when and for
how long you use our Platforms and other services, the content you view
and search queries you submit.
▪ Information about the equipment you
use to access or use our Platforms, including the type of device you are
using, how you access our Platforms, your browser or operating system
and your Internet Protocol address.
▪ The geographic location from
which you accessed our Platforms, including your device’s global
positioning system signal and information about nearby wifi networks and
cell towers. We get this information when you use location-enabled
services.
▪ Other information about you from third parties, such as social media.
WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
We process the Personal Information we collect and receive to:
▪ identify you;
▪ verify your identity;
▪ create a user account for you; and/or
▪ enter into a contract with you.
As a registered user, we also process your Personal Information in order to:
•
fulfill our contractual obligations to you when you have ordered goods
in order for us to deliver those goods and process returns.
• provide you with information, products or services you request from us.
•
communicate with you regarding our Platforms and provide you with
information, products or services, including billing, customer support,
resolving complaints and quality control.
• notify you about changes
to our Platforms, services and products, terms and conditions, privacy
policy or notices, and any other changes that impact our Platforms,
services and products.
• send you information about competitions,
products or services that may interest you (unless you have opted out of
receiving such information). Please note that you may also receive
newsletters based on your interests, recent orders and browsing
behaviour. To unsubscribe from newsletters sent to you based on your
recent orders and browsing behaviours, visit the Newsletter
Subscriptions page under “My Account” or unsubscribe when receiving such
a newsletter.
• get feedback from you which we need to develop our products and services and grow our business.
• comply with any legal or regulatory obligations such as tax or financial laws.
•
undertake research for statistical purposes. The research and
statistics we get from this process do not include your Personal
Information and cannot be linked to you, nor can you be identified from
these statistics.
RETENTION AND RESTRICTION OF RECORDS
We keep your Personal Information for as long as:
▪ we need it to provide our Platforms, products or services to you.
▪ it is required or allowed by law and is in line with our internal retention policies.
▪ it is necessary to uphold the contract between you and us.
▪
you have agreed to us keeping your Personal Information subject to your
request for us to stop processing your Personal Information.
We
will retain your Personal Information for as long as is necessary to
achieve the purpose for which this information was collected or
subsequently processed. If your Personal Information is used for more
than one purpose, we will retain it until the purpose with the latest
period expires but we will stop using it for the purpose with a shorter
period once that period expires.
By accessing and using the
Platform, you consent to us retaining records of your Personal
Information for no longer than may be necessary to achieve the purpose
for which the information was initially collected or subsequently
processed.
USER TRACKING AND COOKIES
When you access
and use our Platforms we may use various technological tools to improve
your experience on our websites through the use of cookies and/or user
tracking.
Cookies are small text files placed on the device that
you use to access our Platforms. These files do not contain your
Personal Information but allow us to associate you with a particular
device. Many websites use cookies and we use cookies to:
▪ make our Platforms more user friendly.
▪
personalise your interactions with our Platforms, tailor our services
and Platforms to your interests and needs, and ensure they work on your
device.
▪ provide advertising that is relevant to you, limit the
number of times you see the same advertisement and measure the
effectiveness of the advertisements on our Platforms and other websites,
based on your online activities such as the websites and apps you use
or content you view, and information we have about you.
▪ send Opt-In marketing communication if you are not a registered user.
We will not use your Personal Information for any other purpose without your permission.
By accessing and using the Platform, you consent to our use of cookies.
OPT OUT FROM DIRECT MARKETING
You
have the right to request us not to contact you for purposes of direct
marketing by any form of electronic communication such as automatic
calling machines, email and/or SMS notifications by “opting-out” of any
direct marketing communications we may send to you.
WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION
We
do not sell your Personal Information to third parties for their
marketing or any other purposes. We may provide or make your Personal
Information available to:
▪ our employees, the staff of the
companies in the MWC Group and/or third party service providers in order
to enable them to assist us to interact with you via our Platforms for
the marketing, ordering or delivery of goods.
▪ law enforcement,
government officials, fraud detection agencies or other third parties
when the disclosure of Personal Information is necessary or appropriate
in connection with an investigation of fraud, intellectual property
infringements, or other activity that is illegal or may expose us to
legal liability or financial loss, to report or support the
investigation into suspected illegal activity.
▪ third parties (such
as a potential purchaser and its professional advisors) in the event of
any reorganisation, merger, consolation, sale, joint venture, or other
disposition of any or all of our assets.
▪ our service providers
(under contract with us) who help with parts of our business operations
(fraud prevention, marketing, public relations, technology services
etc). However, our contracts dictate that these service providers may
only use your Personal Information in connection with the services they
perform for us and not for their own benefit or any other purpose, and
must treat such information as confidential information.
▪ our
suppliers or sellers in order for them to liaise directly with you
regarding any goods you have purchased, for them to comply with their
regulatory obligations (for instance TV license reporting), or for any
other purpose which may require their involvement.
▪ the companies in the MWC Group in order for them to send you once-off opt-in direct marketing communications.
SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA
We
may transfer certain Personal Information outside the geographic
borders of South Africa to service providers for purposes set out above
(Why we process your Personal Information?), including for data storage
and back-up purposes to ensure the integrity of our systems.
When
we transfer your Personal Information outside of the geographic borders
of South Africa, we will ensure that we do so in accordance with the
requirements for lawful transfer outside of South Africa as set out in
POPI.
By accessing and using our Platforms, you consent to us
transferring your Personal Information outside of South Africa as set
out in POPI.
SECURING YOUR PERSONAL INFORMATION
We
secure the integrity and confidentiality of your Personal Information in
our possession or under our control by taking appropriate, reasonable
technical and organisational measures to prevent loss of, damage to or
unauthorised destruction of Personal Information; and unlawful access to
or processing of Personal Information.
In order to implement and
maintain such measures, we have in place policies, controls, and
related processes, which are reviewed and updated on a regular basis.
Our policies, controls, and procedures cover for example:
▪ physical, technical, and network security.
▪ access controls and monitoring of access.
▪ secure storage, destruction, and encryption of records of Personal Information.
▪ Personal Information breach reporting and remediation.
▪
by way of written agreements, imposition of security and
confidentiality obligations on third parties (based within or outside
the borders of South Africa) who process Personal Information as part of
rendering services to us.
Should you disclose your Personal
Information to any third party other than MWC, MWC shall not be liable
for any loss or damage arising or suffered by you as a result of the
disclosure of such Personal Information to any third party. This is
because we do not regulate or control how that third party uses your
Personal Information. You should always ensure that you read the privacy
policy of any third party.
KNOW YOUR RIGHTS
Having provided adequate proof of your identity, you have the right to:
▪
view, correct, and/or amend your Personal Information we process.
Please note that as a registered user, you can do this through your user
account for the Personal Information reflected therein.
▪ request a
record or description of your Personal Information. MWC may charge a fee
in order to provide you with this record of your Personal Information.
Where requests to access and amend your Personal Information are
manifestly unfounded, excessive or repetitive MWC may charge an
additional administrative fee or refuse the request.
▪ request to have your Personal Information corrected, destroyed or deleted. Please
note that you can stop being a registered user by cancelling your
account. In this instance MWC will only retain your Personal Information
subject to any legislative requirement and/or our internal retention
policy.
▪ us complying with your requests upon receipt unless we have credible reason why we cannot comply.
▪
us indicating where, if we cannot agree whether to correct or delete
your Personal Information as requested, that a correction or deletion
was requested but was not made.
▪ inform you if reasonably
practicable, should we change your Personal Information and this has an
impact on decisions about you.
▪ notify you of the action taken by us because of your request.
▪ notify you of unauthorised access to your Personal Information.
▪
provide you with reasonable evidence of our compliance with our
obligations under this Privacy Policy on reasonable notice and request.
▪ Submit a complaint to the Information Regulator.
As
a registered user, you can exercise all your rights set out above in
terms of POPIA by going to the Data & Privacy section of our Help
Centre.
As any other user, you can exercise all your rights as
set out above by referring to our process set out in our PAIA Manual,
here.
HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR
If
you have any complaints about this Privacy Policy or our compliance
with this Privacy Policy you can lodge a complaint with the Information
Regulator.
The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/
This
version of the Privacy Policy replaces any preceding privacy policy
provisions on our website. We may occasionally update this Privacy
Policy. When you use our Platforms the version of the Privacy Policy
posted on this page applies to you.