Our Privacy Statement – POPIA MANUAL

Definitions:   

We, us and our                

refers to Chimari & Co (Pty) Ltd, a company registered under the company laws of the Republic of South Africa, registration number, 2020/278095/07. The principle place of business is situated at 3 Van Lill Street, Mindalore, Krugersdorp. The company’s main business deals with eCommerce and Wholesale Supplies.

you and your                    

refers to you as the client, in your personal capacity, as well as the company that you represent. It also refers to juristic persons with which we close agreements with.

Your personal information  refers to personal information about you, your company, your employees and any other information pertaining to the mandate given to us by you, as the customer of Chimari & Co.

Process information          

means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting personal information.

Competent person            

means anyone who is legally competent to consent to any action or decision being taken for any matter concerning him/ herself or the company that they represent.

 

Purpose of this Privacy Statement

When you engage with us, you trust us with personal information about yourself, your company and your customers to the extent that we need it to perform the services that you have contracted us for. We are committed to protect your right to privacy. We will take all reasonable steps to keep the personal information safe and confidential. The purpose of this Privacy Statement is to set out how we collect, use, share and otherwise process personal information, in line with the Protection of Personal Information Act. (“POPIA”)

 

Indemnification

Each party accepts responsibility to the extent that the processing activities of personal information fall under the control of that party and agrees to indemnify the other party against any loss or damage direct, or indirect, that a party should suffer because of any unauthorised use of information, but only if the processing of that information is controlled by that party.

 

Acceptance is voluntary

You have the right to object to the processing of the personal information. It is voluntary to accept these terms and conditions. However, we require your acceptance to provide you with our services. We will only collect and process personal information for valid and lawful reasons and for reasons as set out in this Privacy Statement. The acceptance of these terms and conditions and the permission given to process the personal information, will continue after death.

 

We keep personal information confidential

We will keep personal information confidential. We receive this said information directly from you as the responsible person for your company. If you share your information with any third party, we will not be responsible for any loss that you may suffer. All the third parties that we share the information with will be listed in this privacy statement. All of those third parties are also in compliance with the POPI Act.

 

Authority to act for other people

You warrant that when you give us personal information about third parties (your employees or customers), that you have received their permission to share their information with you. You understand that when you include your third parties in the mandate, we will process their information as well, as part of the services that you have contracted us for. We will furthermore process their information for the purposes set out in this Privacy Statement and only as set out in the Privacy Statement.

 

Purpose for processing your personal information

You agree that we may process your personal information, as well as the information of your employees for the following purposes:

  1. To enter take orders from you of goods that you are buying from our company.
  2. To deliver these goods to the address of your choosing.
  3. To draw up invoices that relates to the orders that you have placed.
  4. For accounting purposes.
  5. To comply with any other reasonable mandate given to you by us, which falls within the purpose of our company.

 

Sharing personal information with third parties

To provide your personal information to the following third parties as part of the process mandated by you. The companies listed in numbers 1-7 are all Courier companies contracted by us to deliver your goods to you:

  1. UAfrica System (Couriers)
  2. Fastway Couriers
  3. MDS Collivery
  4. Dawnwing Couriers
  5. Internet Express
  6. Courier it
  7. Internal and external auditors.
  8. To anybody who has a legal right to the information, for instance, SARS or any other body with a legal claim.

By agreeing to this, you confirm that you have given permission for your personal information to be shared to above mentioned third parties. Only the bare necessary information will be provided to these third parties, which would allow them to deliver your goods to you. We trust these companies and have a working relationship with them. They have all complied in writing with POPIA as well.

 

You also agree to indemnify us against any loss or damage, direct or indirect, that you or your employees might suffer because of the unauthorised use of this information by any of the third parties mentioned above.

If a third party asks us for your personal information, we will share it with them only if:

  • You have already given your consent for the disclosure of this information to that particular third party.
  • Third parties that we contract with to provide mandated services to you.
  • Any person or organisation that has a legal right to access the information, for example regulators.

 

Right to communicate electronically

We have the right to communicate electronically with you regarding any aspects of your mandated process. We have to be able to update you on the progress of your purchase and the delivery thereof.

 

Duty to keep you informed

We have a duty to keep you informed about the progress of your mandate, as well as any matters that could affect the services that we have agreed upon. We also confirm that we would report any breach of the POPI Act to you and the Regulator, if such a breach occurs. The Regulator will then launch an investigation into the breach.

 

The following are laws that require us to collect and keep your personal information:

  • The Electronic Communications and Transaction Act (ECT)
  • The Financial Intelligence Centre Act (FICA)
  • The Financial Advisory and Intermediary Services Act (FAIS)
  • The National Credit Act (NCA)
  • The Consumer Protection Act (CPA)

 

Changing this privacy statement

We may change this privacy statement at any time. The most updated version will always be available on our website, www.chimari.co.za or www.wholesale.chimari.co.za , or at our offices.

 

Concerns

If you believe that we have used your information contrary to the Privacy Statement, you must first attempt to resolve the matter with us. You can contact us on rikamari@chimari.co.za. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under POPIA.

The contact details are:

The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
PO Box 31533
Braamfontein
Johannesburg, 2017

Complaints e-mail – complaints.IR@justice.gov.za