READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY
OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR
SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS
ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO USERS UNLESS
THE SECTION EXPRESSLY STATES OTHERWISE.
1.1 For the purposes of this section, Personal Information will be understood in
accordance with the definition provided in the Protection of Personal
Information Act 4 of 2013 ("the Act") and in accordance with the definition of
Personal Data in Article 4(1) of the General Data Protection Regulation GDPR
(EU) 2016/679. We also subscribe to the principles for electronically collecting
personal information outlined in the Act, and the further legislation referred
to therein. We endeavour to ensure the quality, accuracy and confidentiality
of Personal Information in our possession.
interests and your reasonable expectation of privacy. Accordingly, we will
take all reasonable steps to prevent unauthorised access to, or disclosure of
your Personal Information. However, it is impossible to guarantee that your
Personal Information shall be 100% secure.
1.3 In utilising our website, using our services or otherwise if your information is
submitted to us through a lead generation services, users may be asked to
provide the following information (Personal Information):
1.3.1 First Name
1.3.4 Physical Address
1.3.5 Phone Number
1.3.6 Company/CC/Business Name
1.4 We will attempt to limit the types of Personal Information we process to only
that to which you consent to (for example, in the context of online
registration, newsletters, message boards, surveys, polls, professional
announcements, SMS, lead generation, MMS and other mobile services), but,
to obtain your specific consent in future instances should we deem same
required by law and where your consent herein might not be lawfully
1.5 We will not collect, use or disclose sensitive information (such as information
about racial or ethnic origins or political or religious beliefs, where relevant)
except with your specific consent or in the circumstances permitted by law.
use of your Personal Information in relation to:
1.6.1 The provision and performance of our services to you
1.6.2 Informing you of changes made to our website
1.6.3 The provision of marketing related services to you by us
1.6.4 Responding to any queries or requests you may have
1.6.5 Developing a more direct and substantial relationship with users
1.6.6 Developing an online user profile
1.6.7 For security, administrative and legal purposes
1.7 Although absolute security cannot be guaranteed on the internet, we have in
place up-to-date, reasonable technical and organisational security measures
to protect your Personal Information against accidental or intentional
manipulation, loss, misuse, destruction or against unauthorised disclosure or
access to the information we process online.
1.8 While we cannot ensure or warrant the security of any Personal Information
you provide us, we will continue to maintain and improve these security
measures over time in line with legal and technological developments.
1.9 We store your Personal Information directly, or alternatively, store your
Personal Information on, and transfer your Personal Information to, a central
database. If the location of the central database is located in a country that
does not have substantially similar laws which provide for the protection of
Personal Information, we will take the necessary steps to ensure that your
Personal Information is adequately protected in that jurisdiction by means of
ensuring that standard data protection clauses are enforced as envisaged by
1.10 Your information will not be stored for longer than is necessary for the
1.11 The Personal Information we collect from users shall only be accessed by our
employees, representatives and consultants on a need-to-know basis, and
subject to reasonable confidentiality obligations binding such persons.
1.12 We shall have the right, but shall not be obliged, to monitor or examine any
information and materials including any website link that you publish or
submit to us for publishing on the Site. You shall be solely responsible for the
contents of all material published by yourself.
1.13 We constantly review our systems and data to ensure the best possible
service to our users. We do not accept any users, or representatives of users,
under 18 years of age or who otherwise does not have the relevant capacity
1.14 We will not sell, share, or rent your Personal Information to any third party or
use your e-mail address for unsolicited mail. Any emails sent by us will only
be in connection with the provision of our services and/or the marketing
Clause 2 Your Rights
2.1 A user has the right:
2.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;
2.1.2 to rectification of Personal Information that we hold on a user's behalf, in
instances where such Personal Information is incorrect or incomplete;
2.1.3 of erasure of Personal Information ("right to be forgotten") if such
information is no longer needed for the original processing purpose,
alternatively if a user withdraws their consent and there is no other reason or
justification to retain such Personal Information, further alternatively, if a
user has objected to such Personal Information being processed and there is
no justified reason for the processing of such Personal Information;
2.1.4 to restrict/suspend processing of Personal Information to only that which is
strictly necessary for us to perform our services to you;
requisite data protection authority in their territory;
2.1.6 to withdraw their consent at any time, if processing of Personal Information is
based on consent;
2.1.7 to object to processing of Personal Information, if such processing is based on
legitimate interests; and
2.1.8 to object to the processing of Personal Information for direct marketing
Clause 3 Disclosure of Personal Information
3.1 We may disclose your Personal Information to the following persons for the
purposes of rendering our services to you, and for those reasons
recorded in clause 1.6 above:
3.1.1 Courier / Delivery Companies
3.2 If our services are provided in conjunction with, or by involvement of third
parties, such third parties may need to have your Personal Information in
order to fulfil your request.
Sharing Your personal information
We share your Personal Information with third parties to help us use your Personal Information. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
COMMON LINKS INCLUDE:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Clause 4 Log Files
4.1 When you visit the website, even if you do not create an account, we may
collect information, such as your IP address, the name of your ISP (Internet
Service Provider), your browser, the website from which you visit us, the
pages on our website that you visit and in what sequence, the date and
length of your visit, and other information concerning your computer's
operating system, language settings, and broad demographic information.
This information is aggregated and anonymous data and does not identify you
specifically. However, you acknowledge that this data may be able to be used
to identify you if it is aggregated with other Personal Information that you
supply to us. This information is not shared with third parties and is used only
within the company on a need-to-know basis. Any individually identifiable
information related to this data will never be used in any way different to that
stated above, without your explicit permission.
Clause 5 Cookies
computer or smart phone by the web browser. The two types of cookies used
on the Website are described below:
5.1.1 "Session cookies": These are used to maintain a so-called 'session state' and
only lasts for the duration of your use of the Website. A session cookie
expires when you close your browser, or if you have not visited the server for
a certain period of time. Session cookies are required for the Platform to
function optimally, but are not used in any way to identify you personally.
5.1.2 "Permanent cookies": These cookies permanently store a unique code on
your computer or smart device hard drive in order to identify you as an
individual user. No Personal Information is stored in permanent cookies. You
can view permanent cookies by looking in the cookies directory of your
browser installation. These permanent cookies are not required for the
website to work, but may enhance your browsing experience.
Clause 6 Links from the website
6.1 The services available through the Website, may contain links to other third
party websites, including (without limitation) social media platforms,
payment gateways, appointment scheduling and/or live chat platforms
("Third Party Websites"). If you select a link to any Third Party Website, you
may be subject to such Third Party Website's terms and conditions and/or
other policies, which are not under our control, nor are we responsible
6.2 Hyperlinks to Third Party Websites are provided "as is", and we do not
necessarily agree with, edit or sponsor the content on Third Party Websites.
6.3 We do not monitor or review the content of any Third Party Website.
Opinions expressed or material appearing on such websites are not
necessarily shared or endorsed by us and we should not be regarded as the
publisher of such opinions or material. Please be aware that we are not
responsible for the privacy practices, or content, of other websites, either.
6.4 Users should evaluate the security and trustworthiness of any Third Party
Website before disclosing any personal information to them. We do not
accept any responsibility for any loss or damage in whatever manner,
howsoever caused, resulting from your disclosure to third parties of personal
Clause 7 Application Of The Electronic Communications And Transactions Act 25 Of
2002 ("Ect Act")
7.1 Data Messages (as defined in the ECT Act) will be deemed to have been
received by us if and when we respond to the Data Messages.
7.2 Data Messages sent by us to a user will be deemed to have been received by
such user in terms of the provisions specified in section 23(b) of the ECT Act.
7.3 Users acknowledge that electronic signatures, encryption and/or
authentication are not required for valid electronic communications between
us and users.
7.4 Information to be provided in terms of section 43(1) of the ECT Act:
7.4.1 Users warrant that Data Messages sent to us from any electronic device, used
by such user, from time to time or owned by such user, were sent and or
authorised by such user, personally.
7.4.2 This Website is owned and operated myMatcha.
7.5 Address for service of legal documents: Po Box 22435, Glenashley, 4022
7.5.1 Website - located at https://mymatcha.co.za/
7.5.2 Email address: firstname.lastname@example.org
Clause 8 Lodging of Complaints
8.1 We only process your Personal Information in compliance with this Privacy
Policy and in accordance with the relevant data protection laws. If, however
you wish to raise a complaint regarding the processing of your Personal
Information or are unsatisfied with how we have handled your Personal
Information, you have the right to lodge a complaint with the supervisory
authority in your country