1.1. Miaraka Marketing respect Users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.
1.2. Miaraka Marketing may require the User to provide Miaraka Marketing with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
1.3. Should the User’s personal information change, please inform Miaraka Marketing and provide Miaraka Marketing with the updates within 7 days to enable Miaraka Marketing to update the User’s personal information.
1.4. Users may choose to provide additional personal information to Miaraka Marketing, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
1.5. Miaraka Marketing asks each of its Users to abide by all applicable laws, rules and regulations, as Miaraka Marketing promise its Users that Miaraka Marketing will do ourselves.
1.6. The “Products” and “Services” are the DIGITAL MARKETING and related services, as defined in the Miaraka Marketing Master Terms and Conditions.
By using Miaraka Marketing and its Website and/or App, the Users consent to the transfer of the User’s personal data. Subject to the below, Miaraka Marketing will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
2.1. Miaraka Marketing uses that information for several purposes: to register the User’s for inclusion in our Service; to fulfil the User’s request; to contact Users if Miaraka Marketing need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding customer satisfaction surveys;
2.2. in relation to the ordering, sale and delivery of Products and Services;
2.3. to contact Users regarding current or new Products or Services or any other Products offered by Miaraka Marketing (UNLESS Users have opted out from receiving marketing material from Miaraka Marketing);
2.4. To inform Users of new features, special offers and promotional competitions offered by Miaraka Marketing (unless Users have opted out from receiving marketing material from Miaraka Marketing);
2.5. to improve our Products, Services and Users selection and the User’s experience on our Website and/or App by, for example, monitoring the User’s browsing habits, or tracking the User’s sales on the Website and/or App;
2.6. collect certain technical information, such as the browser version and operating system;
2.7. disclose the User’s personal information to any third party other than as set out below:
2.7.1. to our employees and/or third-party Service providers who assist Miaraka Marketing to interact with Users and to communicate with Users properly and efficiently;
2.7.2. to our Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from Miaraka Marketing);
2.7.4. to our Services providers (under contract with Miaraka Marketing) 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 the User’s information in connection with the Services they perform for Miaraka Marketing and not for their own benefit;
2.7.5. to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. From time to time Miaraka Marketing may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
2.7.7. Miaraka Marketing is entitled to use or disclose the User’s 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 Miaraka Marketing, or to protect and defend our rights or property.
2.7.8. Miaraka Marketing will ensure that all of our employees, third party Service provider, divisions and partners (including their employees and third-party Service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation the User’s personal information.
Miaraka Marketing will –
3.1. treat the User’s personal information as strictly confidential, save where Miaraka Marketing is entitled to share it as set out in this Policy;
3.2. take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3.3. provide Users with access to the User’s personal information to view and/or update personal details;
3.4. promptly notify Users if Miaraka Marketing become aware of any unauthorised use, disclosure or processing of the User’s personal information;
3.5. provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
3.6. upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which Miaraka Marketing are legally obliged to retain;
3.7. Miaraka Marketing will not retain the User’s personal information longer than the period for which it was originally needed, unless Miaraka Marketing is required by law to do so, or Users consent to Miaraka Marketing retaining such information for a longer period;
3.8. Miaraka Marketing undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless Miaraka Marketing is compelled to do so by law, In particular, in the event of a fraudulent online payment, Miaraka Marketing 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;
3.9. Whilst Miaraka Marketing will do all things reasonably necessary to protect the User’s rights of Privacy, Miaraka Marketing cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s 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;
3.12. Cross-Border Transfer for Users: The personal information from Users may be stored and processed in any country where Miaraka Marketing has facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country;
3.13. Children and Privacy. The Miaraka Marketing Website and/or App does not offer information intended to attract children. Miaraka Marketing does not knowingly solicit personal information from children under the age of 14;
3.14. Your right to access information. The User and User have the right to request a coy of the personal information we hold about the User and/or User. To do so, simply email Miaraka Marketing on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. Miaraka Marketing will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
3.15. Correction of information. The User and/or User has the right to ask Miaraka Marketing to update, correct or delete its personal information. The User and/or User may do this by contacting Miaraka Marketing at the numbers/addresses provided below. Miaraka Marketing will take all reasonable steps to confirm the User and/or the User’s identity before making changes to personal information we may hold about it;
3.16. Miaraka Marketing’s POPI contacts. If the User and/or User have questions about this Policy, believe Miaraka Marketing has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact Miaraka Marketing at the following numbers/addresses:
3.16.1. TELEPHONE NUMBER 0726134737
3.16.2. EMAIL firstname.lastname@example.org
4.1. Miaraka Marketing uses reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.
4.2. If Users have reason to believe that the User’s interaction with Miaraka Marketing is no longer secure (for example if Users feel that the security of any account Users might have with Miaraka Marketing has been compromised), please immediately notify Miaraka Marketing of the problem by contacting Miaraka Marketing in accordance with the “Contact Us” section.
5.1. This Website and/or App makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website and/or App can use (and which Miaraka Marketing may use) to recognise repeat Users, facilitate the User’s on-going access to and use of a Website and/or App and allow a Website and/or App to track usage behaviour and compile aggregate data that will allow the Website and/or App operator to improve the functionality of the Website and/or App and its content.
8.1. The use of the Website and/or App is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website and/or App or reliance on any information on the Website and/or App.
8.2. Whilst Miaraka Marketing takes reasonable measures to ensure that the content of the Website and/or App is accurate and complete, Miaraka Marketing makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and/or App or as to the accuracy, completeness or reliability of any information on the Website and/or App. If any such representations or warranties are made by Miaraka Marketing’s representatives, Miaraka Marketing will not be bound thereby.
8.3. Miaraka Marketing disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or App and/ or any content therein unless otherwise provided by law.
8.4. Although Products sold from the Website and/or App by Users may, under certain specifically defined circumstances, be under warranty, the Website and/or App itself and all information provided on the Website and/or App is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
9.1. Miaraka Marketing will use reasonable endeavours o maintain the availability of the Website and/or App, except during scheduled maintenance periods, and are entitled to discontinue providing the Website and/or App or any part thereof with or without notice to Users.
9.2. Miaraka Marketing may in its sole discretion suspend and modify this Website and/or App, with or without notice to Users. You agree that Miaraka Marketing will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website and/or App other than for processing any orders made by Users prior to such time, to the extent possible.
9.4. Miaraka Marketing is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Website and/or App and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Website and/or App), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and Miaraka Marketing, in whole or in part, on notice to Users and accept no liability which may arise as a result of such blacklisting and/or refusal to process any order for the Miaraka Marketing Services or through a User.
10.3. In the event of any dispute arising between Users and Miaraka Marketing, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings my otherwise fall below the monetary jurisdiction of that court.
11.2. You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving Miaraka Marketing not less than 7 days’ notice in writing.
11.3. Notices must be sent either by hand, prepaid registered post or email. All notices sent –
11.3.1. by hand will be deemed to have been received on the date of delivery;
11.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
11.3.3. by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.
12.1. Any failure on the part of Users or Miaraka Marketing to enforce any right in terms hereof will not constitute a waiver of that right.
12.2. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
12.3. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
12.4. No other warranty or undertaking is valid, unless contained in this document between the parties.