Welcome to M-Photo (Pty) Ltd (“M-PHOTO”) We believe you deserve a safe and secure environment and peace of mind in knowing how we process and store your personal information.
Your Consent
By submitting your details and/or using and/or purchasing the products and services we offer, you accept this Privacy Policy and expressly provide your voluntary, specific and informed consent to the processing, storage and disclosure of your personal information in the manner described herein. If you object to any of the potential uses described in this Privacy Policy, please don’t use and/or purchase our products and services.
What is Personal Information?
Personal information is defined in the Protection of Personal Information Act of 2013 (“POPIA”) as information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth; information relating to your education or your medical, financial, criminal or employment history; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment allocated to you; your biometric information; your personal opinions, views or preferences; correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about you; and your name if it appears with other personal information relating to you or if the disclosure of the name itself would reveal information about you.
How We Collect Your Personal Information
When you purchase products from us or utilise our services either via our website or in-store/in person, you may be requested to provide certain personal information. This is information that we process and store for the reasons set out herein.
Why We Process and Store Your Personal Information
The following are the reasons why we collect, process and store your personal information:
- to identify you;
- in order for us to process your instructions or requests;
- to conduct an affordability credit check;
- to process your order/s and keep you informed of its progress;
- to give effect to your payment instructions;
- to deliver your purchase to you;
- in order for us to ensure that you can comply with obligations;
- for warranty purposes;
- statistical, research or historical analysis;
- to develop and improve our products and services;
- to update your and our records;
- to identify which of our products and services might interest you;
- to identify and prevent fraud, money laundering and other criminal activities;
- for market research.
We may disclose your personal information:
- in the event we sell or buy any business or assets (in which case we may disclose your personal information to the prospective seller or buyer of such a business or assets);
- if our business or substantially all of its assets are acquired by a third party (in which case personal information held about customers will be one of the transferred assets);
- if we have a duty to disclose your personal information in order to comply with a legal request, or in order to enforce any of our terms and conditions;
- where we are in law allowed to do so;
- in relation to the implementation, administration and/or enforcement of any agreement entered into with us.
In addition, we utilise your personal information for the other reasons set out in this Privacy Policy.
Cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. When you log into our website, you can choose to accept or decline cookies. This may prevent you from taking full advantage of our website.
Please note that third parties who advertise on our website may also use cookies, but we do not have access to, or control over them and therefore cannot take responsibility for them.
We want to provide you with the best possible service, so calls to us may be recorded and/or monitored for quality checks and staff training. Recordings may also be used to help us combat fraud.
Disclosure of Your Personal Information
We do not share your personal information with any unaffiliated third parties except as necessary to comply with the reasons for which we use your personal information (see Why we process and store your personal information above), and/or as required or permitted by law or professional standards.
We may share your personal information with any of our affiliated companies or divisions to which we belong to comply with the reasons for which we use your personal information (see Why we process and store your personal information above), to provide joint content and services, to help detect and prevent potentially illegal acts and violations of our policies and to guide decisions about our products, services and communications.
We may share your personal information with third parties involved in the process of providing the services you request. We have trusted relationships with these carefully selected third parties who perform services on our behalf. All service providers are bound by contract to maintain the confidentiality and security of your personal information and are restricted in their use thereof as per this Privacy Policy.
Right to Request Access to Your Personal Information
You are entitled to request access to your personal information at a prescribed fee and to request that inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained information be corrected.
Direct Marketing
When you click on the “I accept” box on our website to accept direct electronic communications, you expressly provide your voluntary, specific and informed consent to receive direct marketing from M-PHOTO (whose contact details and designated person are set out at the end of this Privacy Policy) advertising M-PHOTO’s products and services by means of electronic communication, which could include sms or email.
You have the option at any time to opt out of any mailing list maintained by M-PHOTO, by clicking on the unsubscribe link at the bottom of our emails, alternatively you may make direct contact with us to remove you from our mailing list.
Disclosure of Your Personal Information Without Your Consent
Notwithstanding the above, we will disclose your personal information without your consent:
- if we are required to do so by law or a court order;
- to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997;
- to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
- for the conduct of proceedings in any court or tribunal;
- in the interests of national security;
- if disclosure would not prejudice your legitimate interest or lawful purpose;
- if it would not be reasonably practicable to obtain your consent;.
- the information will not be used in a form in which you would be identified;
- the information will be used for historical, statistical or research purposes.
Security Safeguards
We understand the value of your personal information and therefore will take all reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. Your personal information is stored in databases that have built-in safeguards and firewalls to ensure the privacy and confidentiality of that information. Information that is stored manually is done so using secure locations.
We recognise the need for appropriate protection and management of the personal information you share with us. We protect that information using Secure Socket Layer (SSL) encryption technology and by limiting employee access on a need-to-know basis. We store data in encrypted form on computers and control access via secure web pages. We employ firewalls and other security technologies to protect our servers from external attack.
Our security systems meet or exceed industry standards and we are constantly monitoring internet developments to ensure our systems evolve as required. We also test our systems regularly to make sure our security mechanisms are up to date.
We are subject to South African data protection laws including, but not limited to, those contained in POPIA, the Consumer Protection Act 2008, the Electronic Communications and Transactions Act of 2002, and the Promotion of Access to Information Act of 2000, which we fully comply with.
Foreign Parties
Because we work with some carefully selected partners outside of South Africa in order to offer you our products and services, we may also need to transfer your personal information abroad, to countries whose data protection laws are less strict than in South Africa. If and whenever this is the case, we will ensure the information is held securely to standards at least as good as those in South Africa and is only used for the purposes set out in this Privacy Policy.
Third Party Links
Our site may contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own terms and privacy policies and that we do not accept any responsibility or liability for them. While we only work with selected partners, we are not responsible for the services or representations of third parties.
Because we are not responsible for any representations or information or warranties or content on any website of any third party (including websites linked to this website or websites facilitated by us), we do not exercise control over third parties’ privacy policies and you should refer to the privacy policy of any such third party to see how such party protects your privacy.
If you have provided a third party with your consent to receive direct marketing from them and would like to opt-out of such marketing, you will need to follow the instructions about unsubscribing provided at that time by the third party. Please note that we only partner with trusted companies who will respect your right to unsubscribe from any such marketing communications, but we will not be responsible for managing that process or any disputes.
Changes to This Privacy Policy
We reserve the right, in our sole discretion to update, modify or amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time with or without notice. You therefore agree to review the Privacy Policy whenever you visit our website for any such change. Save as expressly provided to the contrary herein, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
Which Laws Apply?
This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, you agree that the matter be heard in the High Court of South Africa, Western Cape Division, alternatively a court of competent jurisdiction in South Africa.
Contact Us
M-Photo (Pty) Ltd
Address: M5 Park, Block B Unit 2, Eastman Road, Maitland, 7405
Designated person: Antony Schneider
If you have any comments, questions or concerns arising from this Privacy Policy or our processing and storing of your personal information, please contact us by sending an email to: customer@mphoto.co.za.
Information Regulator
Should we be unable to address your concerns, or should you have a complaint about the collection, processing or storage of your personal information, you may contact the Information Regulator by sending an email to: inforeg@justice.gov.za.