“Agreement” means this agreement and any annexure thereto;
“Mervis Brothers / Service Provider” refers to Mervis Brothers Jewellers (PTY) LTD, a private company duly incorporated in terms of the company laws of South Africa, (hereinafter referred to as “Mervis Brothers”, “Our”, “Us”), with its principal place of business at Store L55, Entrance 2, Eastgate Shopping Centre, Bedfordview, Johannesburg.
“Mervis Brothers Web Platform” means any website, digital service or mobile application capable of capturing, storing and processing in general the Personal Information of the Client, who utilises the Services and Products available on the website, as offered by Mervis Brothers, the Service Provider;
“Confidential Information” means any information which is confidential and/or proprietary to the Party disclosing such information (“disclosing party) to the Party receiving same (“receiving party”), including but not limited to Personal Information, reports, pricing structures and any other proprietary and confidential information, trade secrets, business methods, any information of a Party’s business, in whatever form including but not limited to all micro graphic and other reproductions of the written word, depictions and pictorial material, and all audio visual and machine-readable;
“ECTA” means Electronic Communications and Transactions Act No. 25 of 2002, as amended;
“Intellectual Property” means any and all know-how, trademarks, and copyright, including the rights in computer software and Confidential Information that are proprietary to a Party;
“Client, User / You” means you, the Party who uses any of the products and services offered by Mervis Brothers as the Service Provider, or any contracted 3rd party service providers.
“Party/ies” means either Mervis Brothers or the Client, or both, as the context indicates;
“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
“POPI” means the Protection of Personal Information Act No. 4 of 2013, as amended;
“Services” means the provision of the various services, products and functionalities offered on the Mervis Brothers Platform and rendered by the Service Provider and dependent on the service agreement;
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
- Use of Information
- When does Mervis Brothers collect your Personal Information?
Mervis Brothers collects Personal Information when you:
- visit the Mervis Brothers Platform or any of our Websites;
- register on the Mervis Brothers Platform or any of our Websites;
- subscribe to our newsletters;
- participate in special operations, competitions, product tests, customers surveys or market researches;
- contact Mervis Brothers, in particular when you submit a request or a complaint or when you rate or review our services offered;
- give consent to a service provider to send Mervis Brothers personal information about you.
- What Personal Information does Mervis Brothers collect about you?
Mervis Brothers considers all information that could identify you directly or indirectly as personal information.
Mervis Brothers may mainly collect the following personal information:
- information about your identity, in particular, your gender, last name, first names, address, telephone number, email addresses, date of birth or age;
- information about our commercial relationship, in particular, transaction numbers, history of your purchases, your request or your communications with us or any service provider, your preferences and interests;
- technical information, in particular, your IP address or information about how your device navigates through our websites.
- Why is your Personal Information collected?
Personal information may be processed mainly for the following purposes:
- The Mervis Brothers Platform administration;
- Customer Relationship Management (CRM) (loyalty program, newsletters, promotions, product testing, surveys, etc.), the processing of which is made subject to your approval;
- Market analysis and timing (profiling on the basis of your purchasing behaviour, preferences and interests, analyses while navigating through the Website, statistics, reporting, etc.). This processing is made subject to your approval;
- When appropriate, for purposes of prevention and fraud detection;
- Managing your request (complaints, right to access, rectify, oppose and removal of Personal Information, etc.);
- What we do with the information you share?
When you engage with us, you provide us with your contact information, including your name and email address. We use this information to send you updates about any order or work request, questionnaires to measure your satisfaction with our services and may present information relating to additional services that we offer.
Mervis Brothers will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
- Conform to the edicts of the law or comply with legal process served on Mervis Brothers or any of the websites;
- Protect and defend the rights or property of Mervis Brothers and its family of Websites, and,
- Act in urgent circumstances to protect the personal safety of Customers of Mervis Brothers, its Websites, or the public.
- Does Mervis Brothers disclose your Personal Information?
Mervis Brothers will never share your Personal Information with third parties for marketing purposes.
The Personal Information we are collecting about you are intended for Mervis Brothers and may be communicated to a Service Provider chosen for their expertise and reliability and acting on Our behalf and at Our direction (IT providers, customer service, delivery, etc.).
Mervis Brothers authorises these Service Providers to use your Personal Information only to the extent necessary to perform the Services or to comply with legal requirements and we strive to ensure that your Personal Information is always protected.
These third parties will be located in South Africa and if outside the aforementioned territory, such country shall comply with section 72 of POPI to ensure that the Personal Information is afforded the same level of data protection as in South Africa. In such a case, we will ensure either:
- to obtain your unambiguous consent to share your Personal Information with these third parties;
- to enter into appropriate data transfer agreements conforming in full compliance with POPI.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
Finally, we may also transmit your Personal Information to local authorities if required by POPI or other legislation or as part of an investigation and in accordance with local regulations and Mervis Brothers shall endeavor to inform the Client of such request.
- How will Mervis Brothers protect your personal information?
Mervis Brothers endeavors to take the appropriate technical and organisational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your Personal Information and, in particular, to prevent it from being deformed, damaged or transmitted to any unauthorised parties. Strong measures are in place to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorised access or disclosure, alteration, or destruction. When you access your personal account information, you’re utilising secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.
This may include practices such as retaining your Personal Information on a secure server protected by a firewall, the transmission of sensitive information (such as medical information) using a secure encryption protocol (Protocol SSL), internal reviews of our practices and privacy policies and implementation of physical security measures to protect against unauthorised access.
Mervis Brothers strictly protects the security of your personal information and honours your choices for its intended use. We carefully protect your data from loss, misuse, unauthorised access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in South Africa or any other country where Mervis Brothers, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others. Be sure to choose a strong password that is not easy to guess, and keep it safe.
- For how long is your Personal Information kept?
As a general rule:
- Your data will be kept for three years from the date of collection or after the last contact or the end of the commercial relationship, unless opposed by the Client. At the end of this three-year period, we may make contact with you again in order to find out whether or not you wish to continue to receive communication. If no clear positive answer is given by you, your data will be deleted or archived in accordance with POPI;
- Data to prove a right or a contract or if kept under compliance with a legal obligation can be archived in accordance with the provisions in force.
- What are your rights regarding your Personal Information and how to contact us?
If you consent and provide Us with your email address, phone number or mailing address, You may receive emails, calls or periodic messages from us about our products, services or upcoming events. You can unsubscribe at any time from our mailing lists by contacting Us at the address below or by following the link “unsubscribe” contained in each of our emails. You can also change your preferences at any time in your account.
In accordance with the provisions in force, You have the right to access, rectify, limit, oppose and delete personal information about you. You can also withdraw your consent at any time.
You will be informed of the actions to be taken as soon as possible and in any case no later than one month after your request. However, we reserve the right not to respond to manifestly unfounded or excessive requests.
In accordance with the provisions in force, You can also file a complaint with the Information Regulator at email: firstname.lastname@example.org or lodge an appeal if your Personal Information is misused.
- Problems or question
- What is the policy about minors?
Our Websites are not aimed at minors.
Mervis Brothers does not knowingly collect nor process Personal Information from persons under the age of Eighteen (18).
As soon as we acquire knowledge of the collection of Personal Information from any minors without prior authorisation from that minor’s parent or legal guardian, we will take appropriate measures to delete all such Personal Information from our servers.
- Cookies and Applets
- IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
- Access to Information
We will endeavor to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
- Links to other sites
We provide links to websites outside of our websites, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to these websites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Website and its privacy statement.