The website available at www.thebemagugu.com (the "Website") is published by Thebe Magugu (Proprietary) Limited, a company incorporated in terms of the laws of the Republic of South Africa, which has its registered office at 1st Floor, Ellis House, 23 Voorhout Street, Bertrams, Johannesburg, 2094, SOUTH AFRICA (hereinafter "THEBE MAGUGU", "We" or “Us”).
THEBE MAGUGU places the highest priority and is committed to protecting the privacy and Personal Information of its users.
For more information about how We handle your product orders placed through the Website (the "Orders"), please refer to the THEBE MAGUGU Terms and Conditions of Sale.
Important clauses that may constitute a potential risk to You are marked in bold and You are advised to pay particular attention to such clauses and consider the risks before accessing and using the Website.
By accessing or using the Website, You are deemed to have provided your express written consent to the sharing of your Personal Information by Us (strictly for the purposes as disclosed to You), as well as the sharing of your Personal Information with trusted third parties who assist THEBE MAGUGU in operating the Website, carrying out our operations, conducting our business or servicing You, including without limitation, our service providers, persons who act as our agents or to whom THEBE MAGUGU has transferred or proposes to transfer any of its rights in relation to You, so long as those parties agree to keep this information confidential and adhere to our privacy policies.
Unless the context dictates otherwise, the words and expressions set out below shall bear the following meanings and similar expressions shall bear corresponding meanings:
Cookie (s) means a text file that may be stored in a dedicated location on the hard drive of your Device (computer, tablet, smartphone, etc.) when You visit the Website. A cookie enables the originator (Us or our service providers – specifically Google Analytics) to identify and recognize the terminal in which it is stored, throughout the cookie's validity or storage period, each time You will re connect to the Website;
Data Controller means the entity/entities that determines the purposes and means of the Processing of your Personal Information and is responsible to You for compliance with data protection laws and regulations;
Device shall mean the device used by You to sign in for and access the Website, such as a computer, laptop, smart phone or tablet or similar device;
Effective Date shall mean the date upon which You access, use, place orders through or subscribe to the Website;
Parties shall mean THEBE MAGUGU and You and “Party” shall, as the context requires be a reference to any one of them as the context dictates;
Personal Information refers to any information or pieces of information that could identify You either directly (e.g. your name, surname) or indirectly (e.g. through pseudonymised data, such as a unique ID number). This means that Personal Information includes information such as: email, home address, purchase history, personal preferences and shopping habits. It may also include unique identifiers like order reference, client number, your Device’s IP address or your Device’s MAC address or information regarding your navigation on our Website.
Process shall mean any operation or activity, whether automated or not, concerning Personal Information, including, without limitation, collection of, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking as well as blocking, degradation, erasure or destruction of information, and Processing will have a corresponding meaning;
Terms and Conditions shall mean the terms and conditions of use of the Website available here;
Unless inconsistent with the context or save where the contrary is expressly indicated:
5. WEBSITE MANAGEMENT
As regards to the Website management, THEBE MAGUGU (whose contact information is provided below) acts as the Data Controller.
In the specific context of handling your Orders, please be aware that certain of THEBE MAGUGU’s service providers that receive your Personal Information may act as Data Controllers: this is specifically the case for parcel delivery services (e.g. DHL, UPS) and service providers that handle payment and fraud management (e.g. Adyen, PayPal, Flow.Io, Forter).
6. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
We collect your Personal Information as follows:
directly from You when You use our Website and our services (completion of various forms on the Website, placement of an Order, direct communication with Us or our customer service department, etc.);
automatically when You access or use the Website (cookies, technical details, browsing information, etc.); and
indirectly from third parties (third-party data providers, business partners, social media, etc.).
7. WHAT PERSONAL INFORMATION DO WE COLLECT?
THEBE MAGUGU collects several types of Personal Information about You:
Personal Information that We collect directly from You
We collect Personal Information that You provide directly when You use our Website and our services.
This is specifically the case when You:
- Create an on-line account and subscribe to the Website, it being understood that You do not need to create an account to place an Order,
- Place an Order,
- Request that We call You, or when You interact with Us through our customer service department,
- You register to receive our emails and newsletters,
- Take part in any sweepstakes, competition, promotion or survey,
- Interact with Us through third-party social media,
- Request customer support,
- Apply for a job,
- Interact with Us in any other way.
The categories of Personal Information that We collect include:
- Information needed to Process your Order: items selected, delivery and invoicing address, telephone number and email address, telephone number, payment method, including your credit card number and expiry date, as well as the name of the cardholder when You make an on-line payment,
- Information about your preferences: g., favorite products and services if You tell Us about them,
- Your Order history: We store your transaction history, e. your purchases, your returns, etc.,
- History and content of your exchanges with Us: We generate the history of our relationship when You contact our customer service department or when You submit a complaint to Us: when You contact one of our advisers, your conversations may be recorded to ensure quality service. You will always be provided alternative ways to contact Us if You do not want your conversation to be recorded.
The Personal Information that We request from You, which is essential to respond to your requests, are identified with an asterisk or an equivalent method on the relevant data collection form. If You do not complete the mandatory fields or fail to provide the information marked as mandatory, We will not be able to respond to your requests or Process your Orders.
Personal Information that We collect automatically
We automatically collect certain Personal Information about You when You access or use the Website, specifically:
- Technical information: We collect information about the device that You use to login, as well as your use of the Website (g., operating system, type of browser used, whether a proxy is used, location of the device inferred from your IP address that identifies your computer, access time, accessed pages, language selection and the link that enabled You to access our Website),
Personal Information that We collect indirectly from third parties
We may also obtain Personal Information about You from other sources and combine it with the information We already have about You, such as
- Personal Information received from third-party data providers and business partners: this concerns Personal Information that We receive from third-party data providers and business partners You interacted with and authorized to share your Personal Information with Us for commercial solicitation or targeted advertising purposes. It generally concerns socio-demographic information (g., socio-professional class, age bracket, gender, etc.), contact information (e.g., e-mail address, telephone number, etc.), profile information (e.g., favorite products or services, areas of interest, etc.),
- Personal Information received from the social media: this concerns Personal Information provided to Us by the social media networks You use through our Website, or from your activity on social media pages. Specifically, when You share your experience with THEBE MAGUGU with other customers, You use a social media and provide information about yourself to this social media and to Us. These communications are governed by the social media's personal information protection policies, which We invite You to review.
Personal Information about other information subjects
In some cases, We may also collect Personal Information that You supply about other persons, when You decide to purchase and send products to someone. We only use this Personal Information to respond to your requests, and do not send marketing communications to your contacts unless they elect to receive communications from Us.
8. PURPOSES FOR COLLECTING AND PROCESSING OF PERSONAL INFORMATION
In accordance with current personal information and data protection laws and regulations, We only collect Personal Information when We have a legal basis to do so.
Personal Information is collected either:
- i. based on your consent,
- ii. as part of the performance of a contract,
- iii. in our legitimate interest, or
- iv. to meet our legal obligations.
(i) We collect Personal Information based on your consent, for the following purposes:
- To create your customer account, it being understood that You do not need to create an account to place an Order
- To manage your requests and queries (other than related to an Order): We use your Personal Information to send You the information You request, and to Process instructions or requests by You;
- To show you customised adverts and offers tailored to your interests on our Website, using targeting cookies and other information collected about You. In this way, the ads and offers directed to You will be based on a review of your profile, your preferences and habits inferred from your browsing patterns on our Website and our business partners' websites.
- To communicate and send You commercial and marketing solicitations: We may use your Personal Information to propose You new products and special offers, to invite You to private events and to send You our newsletters.
- Recruit new members of staff and to assess their suitability for a role
(ii) We collect Personal Information based on the performance of a contract, for the following purposes:
- To Process your Order: We use your Personal Information to manage the purchase, delivery and invoicing of the products You order,
- To handle any request You may have in relation to your Order as part of our after-sale services,
- To manage your participation in any competitions that We may organise and to award You as the case may be any prize won in this context.
(iii) We collect Personal Information based on our legitimate interest, for the following purposes:
- To measure and improve the performance of our Website: We use performance cookies to allow us to count visits and traffic sources. This helps Us to know which pages are the most and least popular and see how visitors move around the Website. This way, We can also measure the effectiveness of our advertising and promotional campaigns to improve their relevance and effectiveness. Most information collected by these cookies is aggregated and therefore anonymous.
- To customize your experience and ease your use of our Website: We use customization cookies and other Personal Information to build your profile. In this way, the Website's appearance will be adapted to your preferences and habits inferred from your browsing patterns on our Website or on our business partners’ websites. We can aggregate your Personal Information collected from the various devices that You use to navigate on the Website, as well as any Personal Information collected in our stores, to gain a better understanding of your tastes and preferences.
- To measure and improve the performance of our newsletters: we use performance cookies to measure opening and clicks of the newsletters We sent to You to improve their relevance and effectiveness.
- To prevent payment frauds and ensure the validity of payments We receive,
- To prevent acts of infringement or illicit resell in order to ensure the security of our assets and products,
- To defend our interests in the event of a dispute or court action.
(iv) We collect Personal Information based on legal obligations, for the purpose of complying with applicable laws:
- In this respect, We store transactions history and any other commercial documents for legal and administrative reasons (accountability, tax, legal or commercial warranties, insurance, audit, etc.).
9. DISCLOSURE OF PERSONAL INFORMATION
Your Personal Information is Processed by THEBE MAGUGU for the purposes described above and are only accessible to THEBE MAGUGU personnel who need to know it to perform their duties.
You have the option of remaining anonymous when dealing with Us in relation to a particular matter, or not disclosing Personal Information to us. However, this may mean that We will not be able to provide our services and product offerings to You.
THEBE MAGUGU may disclose your Personal Information to entities that assist Us to deliver our services and provide our products to You, such as our business associates, contractors, agents or service providers. These third parties may change from time to time. Some examples include technology and internet service providers, data storage providers, digital mail providers who send communications on our behalf and their implementation partners. Where it is necessary for Personal Information to be provided to a third party in connection with the provision of a service to Us, we will take reasonable steps within our power to prevent the unauthorised use or unauthorised disclosure of the Personal Information.
Certain third parties may also have access to your Personal Information, specifically:
- our subcontractors and service providers acting for technical and logistical reasons (logistics specialists, carriers, Website hosting and maintenance providers, payment and fraud management service providers, technical service providers responsible for sending e-mails and newsletters, customer service center, etc.);
- any third-party company in the event of THEBE MAGUGU’s restructuring, which may acquire all or part of THEBE MAGUGU or merge with our company;
- any authority, court or other third party when disclosure is required by law, regulations or a judicial decision, or if such disclosure is necessary to protect and defend our rights.
THEBE MAGUGU may also disclose your Personal Information under the following circumstances:
- when the You have consented to such disclosure;
- when You would reasonably expect Us to use or disclose your Personal Information in a certain way;
- when authorised or required to do so by a court or under applicable laws or regulations (for example, a subpoena), or where requested by a government agency;
- where We consider or suspect that a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware;
- to appropriate persons, where your communication suggests possible harm to You or others; or
- when disclosure is reasonably necessary for a law enforcement related activity.
10. IS ANY PERSONAL INFORMATION TRANSFERRED OUTSIDE OF THE EUROPEAN ECONOMIC AREA?
Although our company is located in South Africa, We rely on certain service providers, which are located abroad or which themselves rely on processors located abroad, including outside of the European Economic Area (EEA) in countries where personal data protection laws differ from those that apply in the EEA. Any transfer of your Personal Information outside of the EEA takes place with appropriate contractual safeguards in place that comply with applicable personal information and data protection laws and regulations.
11. GENERAL DATA PROTECTION REGULATION (GDPR)
For users in the EEA, You acknowledge that the laws, regulations, and standards of the country in which your Personal Information is stored or Processed may be different from those of your own country. In any event, THEBE MAGUGU will collect and use your Personal Information only where:
- We require your Personal Information to provide our services and products to You;
- it is justified because of a legitimate interest, such as research and development, but only where THEBE MAGUGU’s legitimate interest is not overridden by your interest in protecting your Personal Information;
- You consent to Us using your information in a specific way; or
- it is necessary for compliance with THEBE MAGUGU’s legal obligations.
12. HOW LONG DO WE STORE YOUR PERSONAL INFORMATION?
Personal Information is stored as long as required for the purpose for which it was collected and, in any case, will be destroyed at the end of such period.
In general, your Personal Information is stored for the entire term of our relationship, then for a 3-year period following termination of our relationship (which typically corresponds to the date of your last Order via the Website, the date your customer account is closed or the date of our last contact with You). The Personal Information is then either (i) archived when necessary for accounting or documentation purposes for the applicable statutory limitation period (generally up to 10 years) then destroyed or anonymized once the limitation periods have expired or (ii) if there is no archive, immediately deleted or anonymized.
By way of exception, We may store your Personal Information for shorter or longer periods.
13. INFORMATION QUALITY
THEBE MAGUGU takes reasonably practicable measures to ensure that your Personal Information held by Us is at all times complete, accurate and updated.
You have the right to access your Personal Information and request correction of Your Personal Information should it be inaccurate. You also have the right to request that the Personal Information in our possession be completed. If You want to access or wish to complete, update or correct any of your Personal Information held by Us, You can send an email to Us at the following email address firstname.lastname@example.org.
To respond to your request, We may ask You to provide Us with a proof of identity. We may also need to ask You for additional information or supporting documents to respond to your request. We will make every effort to respond to your request as soon as possible.
You may, to the extent provided for by law, exercise your right to Personal Information portability which allows You to retrieve, in an interoperable format, the Personal Information that You provided to Us.
14. RIGHT TO DELETION OF YOUR PERSONAL INFORMATION AND TO LIMITATION OF THE PROCESSING OF YOUR PERSONAL INFORMATION
You may request the deletion of your Personal Information if:
- You withdrew your consent to the Processing of your Personal Information (see above),
- You object to the Processing of your Personal Information for reasons relating to your personal circumstances,
- You object to the use of your Personal Information for commercial solicitation purposes or profiling,
- Your Personal Information was collected on-line when You were a minor.
Alternatively, to the extent provided for by law, You may request limitation of the Processing of your Personal Information.
Please note that despite the exercise of your right to the deletion or Processing limitation, We will store some of your Personal Information when the law requires or authorizes Us to do so, when We have a legitimate reason to do so (for example, to prove performance of a contract) or to exercise or defend our rights in court. For example, if We consider that You have violated our general Terms and Conditions of Use or our General Terms and Conditions of Sale.
If You already have a customer account, You may exercise your right to access, rectification and/or deletion of your Personal Information by accessing your account.
In all other cases, You may contact Us directly at email@example.com.
For any questions related to your rights and the Processing of your Personal Information, please contact Us at firstname.lastname@example.org.
15. SECURITY OF PERSONAL INFORMATION
THEBE MAGUGU takes all reasonable steps to protect your Personal Information from loss of, damage to, unauthorised use of, or misuse or alteration of your Personal Information. The Personal Information will be stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
As a protection measure, when signing up on the Website or registering for/subscribing to the Website, You will be given a user name and password which You must always keep confidential and ensure that it is not disclosed to anyone.
Under written agreements, THEBE MAGUGU requires its service providers and processors to provide safeguards and implement sufficient security measures to protect the Personal Information they have agreed to Process, in accordance with applicable requirements under personal information and data protection laws.
Notwithstanding the above, You acknowledge that no security measures are 100% effective and that We cannot guarantee the security of your Personal Information. THEBE MAGUGU expressly disclaims any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your Personal Information or usage of information.
In the event of a data breach involving a loss of, unauthorised access to, or misuse of your Personal Information, We will report such breach to you and any relevant authority as required by law.
THEBE MAGUGU does not control all risks related to the operation of the internet and draws your attention to the inherent risks of using any website.
16. PROTECTION OF MINORS
Our Website is not intended for children. We do not knowingly collect information about children, unless it is permitted by law.
You must be at least 18 years of age to share your Personal Information with Us. If We are notified that a minor under 18 years of age has submitted Personal Information to Us, We reserve the right to immediately delete such Personal Information and any associated account.
If You are more than 18 but less than the legal age of consent in your country, You hereby recognize and warrant that You have your parents’ or legal guardian’s consent to use this Website and provide your Personal Information to Us.
17. COOKIES, ADVERTISING AND TRACKING
Cookies and other tracking mechanisms (collectively “Cookies”) gather information about You, your preferences or your device. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version for security of the Website purposes. This information is gathered automatically and stored in log files in our systems.
- help Us remember, Process and compile aggregate data about site traffic and site interaction so that We can offer better site experiences and tools in the future
- help Us understand use of, and to improve, our Website, performance, ad campaigns
- to customize the content of our Website based on your profile and identified interests
- to display, directly or through business partners, more relevant advertising based on your profile and identified interests.
Most Web browsers are set up to accept Cookies, although You can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent.
You can access the Website with the Cookie feature turned off; however, in doing so You may find yourself challenged for username and password information on multiple occasions.
18. THIRD PARTY LINKS AND SERVICES
We may disclose certain information (such as your email address) to third parties – such as Facebook, Instagram, etc. – so that we can better target our ads and content on these third parties’ platforms or networks to others persons with whom You share similar interests.
By accessing the Website, You provide your express written consent to THEBE MAGUGU to send promotional and marketing material directly to You, including, without limitation, information about products, services, and special offers from Us or other companies that may interest You, based on the your Personal Information collected by Us. THEBE MAGUGU will do this by email, text message or through any form of messaging system or functionality available on the Website, which provides a direct line of communication between Us and You, such as a mail dashboard, or similar functionality. If You decide that you do not want Us to do this, You can unsubscribe from the mailing list by e.g. clicking ‘unsubscribe’ and following the prompts, or by replying ‘stop’ to an SMS.
You acknowledge that You provides the above consent voluntarily and without any undue influence from THEBE MAGUGU.
20.NO LIABILITIES AND INDEMNITY
You hereby acknowledge and understand that You provide your Personal Information to Us entirely at your own risk.
You run the risk by virtue of this clause that if You suffer any damage or losses of any nature or kind in relation to the use of your Personal Information, You will not be able to hold THEBE MAGUGU liable for any such damage or losses.
No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
THEBE MAGUGU chooses the address referred to in this clause below as the address where any legal document or notice must be served or delivered to us:
Address: 1st Floor, Ellis House, 23 Voorhout Street, Betrams, Johannesburg, 2092
Email address: email@example.com
THEBE MAGUGU shall send any legal documents or notices to You at the email address provided by You upon registration for the Website or through any form of messaging system or functionality available on the Website, which provides a direct line of communication between Us and You, such as a mail dashboard, or similar functionality.
THEBE MAGUGU may send any other written communication to your email address, cell phone number by SMS or through the aforesaid messaging system or similar functionality.
We will regard a communication sent by email as having been received by You one day after it was sent.
24. QUESTIONS AND INFORMATION