MAMELA PRIVACY POLICY

Welcome to the Mamela Privacy Policy. We are committed to protecting the privacy of your personal data. Our Privacy Policy provides you with information on privacy, how we collect, use and protect your personal data, as well as general advice about your rights.

PRIVACY POLICY

This Policy includes the Company’s data protection and information security policy, and applies to the Company’s Customers and Website Users. The Company, as a responsible party, will only process Personal Information in a lawfully and reasonable manner in order not to infringe on the privacy of the Company‘s Customers and/or Website Users. 

Should any of the provisions of this Policy conflict with any terms and conditions contained in the Company‘s Terms and Conditions, then the terms and conditions, to the extent of any conflict, contained in this Policy shall prevail. 

Binding Acceptance of Policy: 

By accessing, using and/or interacting with this Website, each User signifies his/her acceptance of this Policy and agrees to be bound by the terms and conditions as recorded herein. 

For as long as a Customer makes use of the Services, he/she/it signifies his/her acceptance of this Policy and agrees to be bound by the terms and conditions as recorded herein. 

1. Introduction 

The Company is committed to protecting the personal information and privacy of our Users and Customers. A Website User can visit most pages on the Website without providing us with any Personal Information. Notwithstanding the aforesaid, the Company is required to process certain Personal Information in order for the User to enjoy full use of the Website, as well as to enable the Company to properly and sufficiently render the Services to our Customers. The Company, as Responsible Party, is responsible for the processing of Personal Information, which processing must be done under and in terms of POPIA. In light of the aforesaid, the Company only processes Personal Information in accordance with the contents of this Policy, the POPIA and the Regulations. Mamela Media – Privacy Policy – February 2022 

This Policy indicates which Personal Information the Company process when a User is accessing/making use of the Website, for what purpose it is being processed for, and according to which principal the processing is being permitted. 

In addition, this Policy indicates which Personal Information the Company will process when the Company renders its services to its Customers from time to time, for what purpose it is being processed for, and according to which principal the processing is being permitted. 

2. Definitions 

In this Policy, and unless the context clearly indicates a different intention, the following expressions bear the meanings given to them below and equivalent expressions will have similar meanings: 

“Company” – means Mamela Media (Pty) Ltd (Registration Number: 2005/031975/07); 

“Customer“ – means the Company’s customers/clients who makes use of the Company‘s Services from time to time; 

“Domain Name” – means the domain name/s and/or internet address/es via which the Website is accessible, and more specifically https://mamelamedia.co.za/; 

“Information Officer“ – means the Company’s information officer, as defined in chapter 1 of the POPIA, and as recorded below; 

“IP” – means internet protocol; 

“PAIA” – means the Promotion of Access to Information Act, Act 2 of 2000; 

“Personal Information” – means personal information as defined in terms of section 1 of the POPIA; 

“Policy” – means this privacy policy; 

“POPIA” – means the Protection of Personal Information Act, Act 4 of 2013; 

“Processing” – means processing as defined under and in terms of section 1 of the POPIA; 

“Regulator” – means the regulator as defined in Chapter 1 of the POPIA; Mamela Media – Privacy Policy – February 2022 

“Regulations” – means the POPIA regulations published from time to time; 

“Services” – means the services rendered by the Company to its Customers and more specifically the services indicated on the Company’s Website; 

“Users” – means individuals who access, use and/or interact with the Website from time to time; 

“Terms and Conditions” – means the terms and conditions regulating and governing the relationship (i.e. rights and obligations) between the Company and its Customers from time to time; and 

“Website” – means and includes the website accessible via the Domain Name, each associated microsite and each sub-page, owned, operated and maintained by the Company. 

3. Customer Personal Information 

The following Personal Information of the Company’s Customers are processed by the Company: 

        • Customer Details (i.e Name and Surname/Company Name); 
        • Identification Numbers (i.e. ID numbers/Registration Numbers); 
        • Address Details (i.e. Physical Address and Postal Address); 
        • Contact Details (i.e. Email Address, Mobile and/or Telephone number/s); and 
        • VAT Number. 

When the Customer provides the Company with the Personal Information as recorded in this clause 3, the Company processes same in order for it to sell and render the Services to the Customer, as may be required from time to time. In addition, the Personal Information recoded in this clause 3 is processed by the Company for billing purposes, and in order for the Company to respond to Customers enquiries (i.e. Customer Service related queries), as may be required from time to time. 

The Customer hereby consents to the processing of the Personal Information as provided for under and in terms of this clause 3. 

The Customer can revoke his/her/its consent to the use/process of the Personal Information at any time via notice to the Company’s Information Officer, whose details are recorded below.

4. Personal Information to be processed when you access the Website 

The Company automatically collects and stores certain information in its server log files that the User’s browser transmits back to the Company. This data cannot be assigned by the Company to specific individuals and this data is not merged with other data sources. The following data is collected: 

        • Browser type/version; 
        • Operating system used; 
        • Referrer URL (the previous page visited); 
        • Host name of the accessing computer (IP addresses); and 
        • Time of the server request. 

The IP address is valid worldwide and uniquely identifies the User’s computer at the time of allocation by the User’s internet provider. The above-mentioned data will be processed by the Company for the following purposes: 

        • Ensuring a smooth connection to this Website; 
        • Ensuring convenient use of this Website; 
        • Evaluation of system security and system stability; and 
        • For further administrative and statistical purposes. 

The abovementioned Personal Information, where applicable, in the server log files is processed on the basis of section 11(1)(f) of the POPIA. This authorization allows the processing of Personal Information for the purpose of a “legitimate interests” pursued by the Company, except where such interests are overridden by your fundamental rights, freedoms or interests. The Company’s legitimate interest is the facilitation of administration and the ability to detect and track hacking. 

In terms of section 11(3)(a) of the POPIA, the User may object at any time to the processing of the User’s Personal Information where the Personal Information is being processed pursuant to a legitimate interest of the Company. In terms of the Regulations, a User who wishes to object to the processing of the Personal Information as outlined in this clause 4, must submit the objection to the Company on Form 1, attached to the Regulations.

In the event of the User objecting to the processing of the Personal Information as recorded in this clause 4, the Company will immediately stop and refrain from processing the above-mentioned Personal Information. 

5. Google Analytics 

The Website uses Google Analytics, a web analysis service from Google Inc. (“Google“). Google Analytics uses cookies – text files that are stored on the User’s computer and enables an analysis of how the User used the Website. The information gathered by the cookie about the User’s usage of this Website is generally transferred to a Google server in the United States of America (“USA”) and stored there. On behalf of the operator of the Website, Google will use this information to analyze the User’s usage of the Website, compile reports about Website activities and provide the Website operator with further services related to the Website and internet usage. The IP address transferred by the User’s browser as part of Google Analytics is not combined with other Google data. The User can prevent cookies being stored by adjusting his/her browser software accordingly, however, we would then inform the User that he/she may then not be able to make use of the full scope of functions available on the Website. 

6. Facebook remarketing 

This Website uses the “Custom Audiences” remarketing function from Facebook Inc. (“Facebook“). This function is used to present interest-based adverts (“Facebook ads“) to visitors to this Website when the said visitors visit the social network Facebook. For this purpose, Facebook’s remarketing tag has been implemented on this Website. This tag establishes a direct connection to the Facebook servers when you visit the Website. The fact that the User visited this Website is then transmitted to the Facebook server and Facebook assigns this information to the User’s personal Facebook user account. Further information about how Facebook collects and uses data, as well as your rights and options in this regard for protecting the User’s privacy, can be found in Facebook’s privacy policy at https://www.facebook.com/about/privacy/. Alternatively, the User can deactivate the “Custom Audiences” remarketing function at https://www.facebook.com/settings/?tab=ads#_=_. The User must be logged into Facebook to do this.

7. Marketing and Direct Marketing 

The Company carries out its direct marketing operations in accordance with this Policy and under and in terms of the POPIA. 

The Company makes use of direct email marketing, social media marketing and website marketing. The Personal Information collected via the aforesaid is stored and processed solely for marketing purposes. 

As provided for under and in terms of section 69 of the POPIA, the Company will only process Personal Information for direct marketing purposes if the User/Customer has provided the requisite consent, or in the case of an Customer, is an existing client/customer of the Company. 

The Company makes use of and operates an “Opt – In” policy. The aforesaid entails that Customers will only receive direct marketing communications from the Company if the User/Customer consented (i.e. Opt – In). 

If the User/Customer no longer wish to receive direct marketing communications from the Company, the User/Customer can at any time revoke his/her consent by unsubscribing to receiving the applicable marketing communications “Opt – Out”. When the User/Customer “Opt – Out”/unsubscribes, the User/Customer will no longer receive any direct marketing communications and the User’s/Customer’s Personal Information will be deleted. 

8. Third Party Websites 

On the Website, the User will find links to third party websites, including social network websites. The User can recognize the links by the respective provider’s logos. We do not process any data in this regard. 

By clicking on the links, the corresponding website is opened, to which this Policy does not apply. Please refer to the privacy policies of the individual websites/providers for details of the applicable privacy provisions. 

9. Minors 

The Website is not targeted at children under the age of 18. The Company will not knowingly collect and/or process information from persons under the age of 18. 

10. Collection 

The Company will in most instances collect Personal Information from data subjects directly. However, Personal Information may be collected from other sources. The Company will only collect/obtain and process Personal Information obtained from other sources where the data subject provided his/her consent thereto. 

11. Retention and Destruction 

The Company will retain records of Personal Information only for as long as it is necessary for achieving the purpose for which the Company collected and/or processed same, unless the Company is required to retain the applicable Personal Information for longer periods in accordance with certain legislation (i.e. law), or as otherwise authorised under and in terms of section 14 (1) of the POPIA. Records that are no longer required, or have satisfied their required periods of retention, shall be destroyed as required under and in terms of sections 14 (4) and 15 (5) of the POPIA. 

12. Further processing of Personal Information 

Unless a User and/or Customer provides the Company with the required consent, further processing of Personal Information by the Company will only be done in accordance- or compatible with the purpose for which the applicable Personal Information has been collected and processed. 

The Company may from time to time share Personal Information with trusted third parties (i.e. operators) to help us deliver efficient and quality services. Any such recipients (i.e. third parties/operators) will be contractually bound to safeguard the Personal Information and specifically to ensure that the Personal Information is processed under and in terms of POPIA. 

13. Information Quality 

The User/Customer warrants that any and all Personal Information provided to the Company from time to time is complete, accurate, up to date and not misleading. In addition, the User/Customer agrees that all Personal Information processed by the Company under and in terms of this Policy is adequate, relevant and not excessive in relation to the purpose for which the Personal Information is being processed. 

In order to comply with the rights of the data subject pursuant the POPIA and in order to ensure that all Personal Information is complete, accurate, up to date and not misleading, it may be necessary for the Company to contact the User/Customer from time to time in order to request confirmation of the accurateness and completeness of the applicable Personal Information, which may include further information to verify your identity as required under and in terms of POPIA. 

14. PAIA Manual 

The Company’s PAIA manual, as required under and in terms of section 51 of the PAIA is available on the Website, and can also be obtained from the Company upon written request directed at the Company’s Information Officer – refer details below. 

15. Access and Correction of Personal Information 

The User/Customer, who provided adequate proof of identity and in the prescribed manner and form has the right to access and request correction of his/her Personal Information as recorded under and in terms of sections 23 – 25 of the POPIA. 

16. Complaints 

If a User/Customer believes that the Company is not processing Personal Information in accordance with this Policy or the applicable data protection legislation and/or regulations, you can lodge a complaint to the Regulator. All complaints lodged will be dealt with under and in terms of the applicable sections of Chapter 10 of the POPIA. 

17. Disclosure and Policy Changes 

Disclosure of Personal Information to third parties. 

As a general principle, the Company does not transfer any Personal Information to third parties other than for the purposes explained in this Policy. However, if the Company is obliged to do so by law or court order, we will transfer the applicable Personal Information to the authorities accordingly. 

Changes to this Policy. 

The status of this Policy is indicated by the date shown (below). The Company reserves the right to amend this Policy at any time. The latest version can be accessed directly via the Company’s Website.

In order for the Customer/User to exercise any of its rights under and in terms of this Policy, kindly contact the Company’s Information Officer at the following address/contact details: 

INFORMATION OFFICER DETAILS 

Information Officer: Yvette Hatting

Tel: 021 554 5991

Cell: 072582 1702

Email: yvette@mamelamedia.co.za

Address: Unit4, Mayfair Square, 14 Century Way, Century City, Cape Town.