PRIVACY POLICY

YOU AGREE TO THESE TERMS BY USING THIS SITE

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Maruapula Brand are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

General

This is the privacy policy of MARUAPULA KER (Pty) Ltd, registration number 2014/275038/07 also trading as Maruapula Brand

This policy details how we collect, store, protect and use personal information – that is information that can be used to identify an individual or a company (juristic person) – in connection with the services we may offer through our www.maruapulabrand.com website (referred to as the “Site”) and through your dealings with us (referred to as the “Services”).

Audience

Personal information submitted to us by using this Site or our Services is governed by this Privacy Policy.

Ownership of content

The Site and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by Maruapula Brand or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Maruapula Brand or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that Maruapula Brand will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

As the Operator or Processor

Where we have been contracted by another company, such as your provider or a company you are dealing with directly, please be aware that we are not the entity responsible for making decisions on your data, but instead are rendering services to the company that you are dealing with directly. Please refer to the Privacy Policy of the company you are dealing with in these cases.

Your use of our site

Maruapula Brand grants you permission to use the Site as follows:

• You may not use images of people or places on the Site without Maruapula Brand’s written permission;
• You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Maruapula Brand’s written permission;
• You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law – Maruapula Brand will fully cooperate with any law enforcement authorities or any court order requesting or directing Maruapula Brand to disclose the identity of anyone posting or transmitting any such information or materials; and
• You are prohibited from using the Site to advertise or perform any commercial solicitation. 

As the Controller or Responsible Party

Where you are dealing with us directly by means of our Services or Site, this Privacy Policy applies. You are not required to provide us with any personal information when using the Site unless you choose to engage with us in a manner that requires us to have your information (such as by subscribing to our newsletter or enquiring about our Services). Should you engage us for our Services, you will be required to provide further information as detailed in this Privacy Policy.

What is personal information?

Personal information includes:

• certain information that is collected automatically when you visit our website,
• certain information collected on engaging our Services;
• certain information collected on submission; and
• optional information that you provide to us voluntarily.

Additional information captured on the website that does not classify as personal information may also be collected and processed, including but not limited to:

• anonymised information,
• de-identified information that cannot be associated with an individual,
• statistical information,
• information that is public knowledge, which has been publicly and voluntarily disclosed.

Who is processing your data?

In the case that we are the Data Controller or Responsible Party, then data processing is processed by us, a group of entities incorporated within the laws of South Africa, with the following contact details:

Maruapula KER (Pty) Ltd
3265 Themba Drive
Hillsview
Kagiso 2, Mogale City 1754

General Email and Data Related Queries: privacy@maruapulabrand.com

What are we processing and why?

There are various ways in which we may process your data. This section details our purposes for processing, our legal basis for the processing, and our storage periods.

In certain cases, we will process your data after obtaining your consent. You are free to withdraw your consent at any time. We may process your data with your consent for the following purposes:

• Electronic communications, such as subscribing to our mailing list or by contacting us via a form or email address upon the Site.
• Cookies, in order to grant you a personalised experience when dealing with us. You may decline the installation of cookies; however, this may affect the functionality of our website or prevent you from using the Site entirely. If you opt-out of using cookies, we may store a single cookie in order to remember this preference.
• For website analytics, storing details such as your IP address, bounce rate, page time, cost per click, most visited pages, and device information.
• For promotional campaigns, in which case, additional information may be volunteered by you in order to participate in the promotion or to receive a delivery.

We will process your data when we have to perform a contract; for as long as the contractual relationship is in place, and for a period following the end of the relationship, as defined in the contract or by appropriate statutory requirement. In order to fulfil our obligations to you in terms of the Services you have engaged us for, we will need to process your data.

We may also process your data in terms of legitimate interest, as long as the data being processed is strictly necessary, proportional, and does not infringe on your individual rights to privacy. Processing may take place in terms of the following necessary scenarios:

• To monitor and analyse how to improve our Service and/or our Site, as well as to keep the same secure and free from abuse. This may include communications such as surveys or direct electronic communications.

Where is your data processed?

In some cases, your information may be stored and processed outside of the country or region where it was originally collected in order to complete our obligations to you. In some of these countries, you may have fewer rights in respect of your information than you do in your country of residence.

Your agreement to the terms of this Privacy Policy, followed by your submission of information in connection with our Services, represents your agreement to this cross-border transfer of personal data.

Our primary region for storing and processing data in South Africa.

Who else will have access to your personal information?

We may share your information with our service providers and processors in order to deliver the Services to you. These will often be providers that offer solutions for hosting, marketing and other business-critical operations. In the case of third parties processing data, we require that they comply with our internal standards, policies, technical and organisational measures, ensuring that your data is protected and remains confidential. We will only share data in accordance with this Privacy Policy and with approved and contractually appointed third parties.

When you authorise us to do so, we may also share your data with other companies so that they can process the data for other purposes, as explained in more detail when we request your prior consent. In addition, if you provide consent for the installation of cookies, your data may be processed by third parties. These cookies are subject to the third parties’ respective Privacy Policies.

Where necessary and compelled by authorities to do so, we may share your information with law enforcement and competent courts. We may also share your information where we have to take legal action to protect our, or third-party rights.

We will not sell your information. Our contracts dictate that third-party service providers may not use your information for their own benefit or for any services other than those requested by us.

How are we processing your data?

We will only process personal data as a result of the provision of our Services, or in operating our Site. These instructions are included in our standard Terms and Conditions and engagement contracts. Should we have reason to believe that your instructions infringe on data protection regulation, we will inform you promptly.

We will ensure that our employees are subject to confidentiality agreements and any statutory privacy obligations.

To provide you with the Services, we may need to use other service providers, as well as hire new providers in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this Privacy Policy and implement all necessary security measures to ensure adequate protection of the data.

In the event that we should change upstream service providers that are involved in providing you with Services, or where we may need to hire additional companies to provide the Services, you have the right to reasonably oppose such an appointment. Such opposition shall be addressed on a case-by-case basis in accordance with the appropriate data protection regulation.

We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by data protection regulation.

Upon termination of your services, we will delete your personal data, unless otherwise required for a statutory requirement or as per the retention periods set out in this Privacy Policy or our contract with you.

Links to third party sites

The Site may contain links to sites owned or operated by parties other than Maruapula Brand. Such links are provided for your convenience only. Maruapula Brand does not control and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Maruapula Brand specifically disclaims any responsibility if such sites:

• Infringe any third party’s intellectual property rights;
• Are inaccurate, incomplete or misleading;
• Are not merchantable or fit for a particular purpose;
• Do not provide adequate security;
• Contain viruses or other items of a destructive nature; or
• Are libellous or defamatory.

What happens in the event of a breach?

In the event of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, we shall promptly assess the risk to people’s rights and freedoms and without undue delay report this breach to the appropriate authorities, controllers, responsible parties, and subjects as required by law.

We will cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach.

Your rights

You have the right to request access to, and rectification or erasure of your personal information. You may also restrict processing, or object to processing in accordance with relevant data protection regulations.

In cases where consent was given, you have the right to withdraw consent at any time.

If you do request that your information be deleted, and should your request be accepted, all information will be permanently erased, except for the information that we are required to keep by law or by other exceptions in line with data privacy regulation. You may exercise your rights at any time by lodging a request with our Information Officer at privacy@maruapulabrand.com

Updating your information

You may update your information in writing at any time by submitting a support request or sending an email to our Information Officer at info@maruapulabrand.com. Please remember that it is your duty to keep the information updated so we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.

Disclaimer of warranties

All content is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Maruapula Brand neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Maruapula Brand assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

Disclaimer

The information contained on this website is for general purposes only. They should not be construed as professional advice or professional opinion in any circumstance. Please contact your professional adviser if you have any specific questions.

Changes to this policy

This policy may be updated from time to time. You may be required to accept the updated Privacy Policy in order to keep using our Services. Alternatively, we may post non-material changes to this Privacy Policy on our Site, with a notice advising of the effective date of the changes. We may notify you of material changes to the Privacy Policy by email (or otherwise) prior to the effective date of the changes.