PRIVACY POLICY
A refresher on S.Africa POPI Act and Ecommerce
The Protection of Personal Information Act (POPI Act) is South Africa's data protection law that regulates the processing of personal information.
It seeks to protect personal data, ensure lawful and transparent processing, and provide individuals with rights to protect their privacy.
Key Aspects of the POPI Act Relevant to E-commerce:
- Consent: The POPI Act requires processing personal information only with the consent of the individual, unless necessary for contract performance.
Thus, e-commerce can use personal details for transactional purposes like sending SMS or Whatsapp order updates without explicit consent,
as part of contract fulfillment.
- Purpose Specification: Personal information must be collected for specific, legitimate purposes.
Any use beyond the fulfillment of the order or directly related services typically requires separate consent.
- Further Processing Limitation: Information should not be retained longer than necessary for the intended purpose.
Explicit consent is needed for using personal information for future marketing or promotional activities.
- Notification: Individuals must be notified when their personal information is collected, including the collection's purpose.
This is usually covered in privacy policies or terms agreed during the checkout process on e-commerce sites.
Practical Implications for E-commerce Sites:
- Transactional Messages: E-commerce sites can send transactional messages related to an order,
such as confirmations and delivery updates, without separate consent because they are necessary for contract performance.
- Marketing Messages: For promotional messages sent after the transaction, explicit consent is required.
This can be obtained through opt-in mechanisms during checkout or registration.
During ordering:
- Under the POPI Act, it is legitimate for e-commerce platforms to send transactional SMS messages or emails as part of the order process.
- However, explicit consent is required for any non-transactional communications like marketing or promotional messages sent later.
- If you receive such content without consent, it could be a violation of the POPI Act.
- For specific instances or further clarification on compliance, reviewing the privacy policies of the websites in use is recommended,
- as these should detail adherence to the POPI Act.
Introduction
In our mission to make commerce better for everyone at Realtime Mall, we collect and use information about you.
This Privacy Policy will help you better understand how we collect, use, and share your personal information.
Our values
Trust is the foundation of the Burger Fair via RealTime Mall platform. Three main values guide us as we develop our products and services. These values should help you better understand how we think about your
information and privacy.
Your information belongs to you!
We carefully analyse what types of information we need to provide our services, and we try to limit the information we collect to only what we really need. In all of this work our guiding principle is that your
information belongs to you, and we aim to only use your information to your benefit.
We protect your information from others!
If a third party requests your personal information, we will refuse to share it unless you give us permission or we are legally required. When we are legally required to share your personal information, we will tell
you in advance, unless we are legally forbidden.
The extent of Our Values are explained in length below.
Content
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
1. Should you decide to register as a user via the website, we may require you to provide us with personal information which identifies you. This includes but is not limited to :
- your name and surname;
- your email address; to communicate with you during order process
- your physical address; to deliver to you (if you did not choose will-collect)
- your mobile number; (to contact you regarding your order)
- (optional) your date of birth; and
- your gender, (implied from your title)
Your personal information will not be utilized for any purpose other than as set out below:
- - In relation to the ordering, sale and delivery to contact you regarding current or new items or services offered via the website (unless you have opted out from receiving marketing material from us) - To inform
you of new features, special offers and promotional competitions offered by us or any of our clients,affiliates, partners(unless you have opted out from receiving marketing material from
us).
- - To improve our product selection and your experience of our website by, for example, monitoring your browsing habits, or tracking your sales on the website; or o disclose your personal information to any third
party other than as set out below:
- - To our employees, third party service providers, clients,affiliates and partners, who assist us to interact with you via our Website, email or any other method, for placement of orders or delivery (i.e. Courier
Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently.
- - To our employees, third party service providers, clients,affiliates and partners in order for them to interact directly with you via email or any other method for purposes of sending you marketing material
regarding any current or new products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us).
- - to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or
financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions.
- - to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service
providers may only use your information in connection with the services they perform for us and not for their own benefit; and
- - third party service providers in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires
their involvement.
- - We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to
protect and defend our rights or property. Realtime Mall undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy, unless we are compelled
to do so by law. In particular, in the event of a fraudulent online payment, Realtime Mall is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal
obligation for disclosure of the personal information which may be required of it.
- - We will ensure all of our employees, third party service providers, clients,affiliates and partners (including their employees and third party service providers) having access to your personal information are
bound by appropriate and legally binding confidentiality obligations in relation to such information.
- 2. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person, entity or falsely state
or otherwise misrepresent your affiliation with anyone or anything.
- 3. We assure you that we will:
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected
against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for
that which we are legally obliged to retain.
4. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer
period.
5. Whilst we will do all things reasonably necessary to Protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information,
whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
6. If you disclose your personal information to a third party, Such as an entity which operates a website linked or anyone other than Realtime Mall, Realtime Mall shall not be liable for any loss or damage, howsoever
arising, suffered by you as a result of the disclosure of such information to the 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 arty.