3J MEDIA (PTY) LTD
T/A BUYMYSTUFF (REGISTRATION NO: 2019/066010/07)
READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR APPLICATION (“the PLATFORM”) OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS PLATFORM AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS PLATFORM OR OUR SERVICES IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1. PRIVACY POLICY
- For the purposes of this section, Personal Information will be understood in accordance with the definition
provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the
definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We
also subscribe to the principles for electronically collecting personal information outlined in the Act, and the
further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of
Personal Information in our possession.
- In adopting this Privacy Policy, we wish to balance our legitimate business interests and
your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised
access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal
Information shall be 100% secure.
- In utilising our Platform, using our services or otherwise if your information is
submitted to us:
- users in the form of Buyers may be asked to provide the following information
(Personal Information):
- First Name;
- Surname;
- Email;
- Gender;
- Language;
- Company/CC/Business Name;
- Company/CC/Business Registration Number;
- Phone number;
- Email address; and
- Physical address.
- users in the form of Sellers may be asked to provide the following information
(Personal Information):
- First Name;
- Surname;
- Email;
- Gender;
- Language;
- Company/CC/Business Name;
- Company/CC/Business Registration Number;
- Shop name;
- Phone number;
- Email address; and
- Physical address.
- We will attempt to limit the types of Personal Information we process to only that to
which you consent to (for example, in the context of online registration, newsletters, message boards, surveys,
polls, professional announcements, SMS, lead generation, MMS and other mobile services), but, to the extent
necessary, your agreement to the terms of this Privacy Policy constitutes your consent as contemplated in
section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to
obtain your specific consent in future instances should we deem same required by law and where your consent
herein might not be lawfully sufficient.
- We will not collect, use or disclose sensitive information (such as information about
racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or
in the circumstances permitted by law.
- By agreeing to the terms contained in this Privacy Policy, you consent to the use of your
Personal Information in relation to:
- the provision and performance of our services to you;
- informing you of changes made to our Platform;
- the provision of marketing related services to you by us;
- responding to any queries or requests you may have;
- developing a more direct and substantial relationship with users;
- developing an online user profile;
- understanding general user trends and patterns;
- for security, administrative and legal purposes; and
- the creation and development of market data profiles.
- Although absolute security cannot be guaranteed on the internet, we have in place
up-to-date, reasonable technical and organisational security measures to protect your Personal Information
against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or
access to the information we process online.
- While we cannot ensure or warrant the security of any Personal Information you provide us,
we will continue to maintain and improve these security measures over time in line with legal and technological
developments.
- We store your Personal Information directly, or alternatively, store your Personal
Information on, and transfer your Personal Information to, a central database. If the location of the central
database is located in a country that does not have substantially similar laws which provide for the protection
of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately
protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as
envisaged by the GDPR.
- Your information will not be stored for longer than is necessary for the purposes
described in this Privacy Policy or as required by applicable legislation.
- The Personal Information we collect from users shall only be accessed by our employees,
representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations
binding such persons.
- We shall have the right, but shall not be obliged, to monitor or examine any information
and materials including any website link that you publish or submit to us for publishing on the Platform. You
shall be solely responsible for the contents of all material published by yourself.
- We constantly review our systems and data to ensure the best possible service to our
users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not
have the relevant capacity to be bound by this Privacy Policy.
- We will not sell, share, or rent your Personal Information to any third party or use your
e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our
services and/or the marketing thereof.
2. YOUR RIGHTS
- A user has the right:
- of access to their Personal Information stored and processed by us. This may be done
by emailing us at the address referred to in clause 7.5.3 below;
- to rectification of Personal Information that we hold on a user’s behalf, in instances
where such Personal Information is incorrect or incomplete;
- of erasure of Personal Information (“right to be forgotten”) if such information is no
longer needed for the original processing purpose, alternatively if a user withdraws their consent and there
is no other reason or justification to retain such Personal Information, further alternatively, if a user
has objected to such Personal Information being processed and there is no justified reason for the
processing of such Personal Information;
- to restrict/suspend processing of Personal Information to only that which is strictly
necessary for us to perform our services to you;
- if we breach any of the terms of this Privacy Policy, to complain to the requisite
data protection authority in their territory;
- to withdraw their consent at any time, if processing of Personal Information is based
on consent;
- to object to processing of Personal Information, if such processing is based on
legitimate interests; and
- to object to the processing of Personal Information for direct marketing purposes.
3. DISCLOSURE OF PERSONAL INFORMATION
- We may disclose your Personal Information to the following persons for the purposes of our
rendering our services to you, and for those reasons recorded in clause 1.6 above:
- various corporate entities.
- If our services are provided in conjunction with, or by involvement of third parties, such
third parties may need to have your Personal Information in order to fulfil your request.
4. LOG FILES
- When you visit the Platform, even if you do not create an account, we may collect
information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the
website from which you visit us, the pages on our Platform that you visit and in what sequence, the date and
length of your visit, and other information concerning your computer’s operating system, language settings, and
broad demographic information. This information is aggregated and anonymous data and does not identify you
specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated
with other Personal Information that you supply to us. This information is not shared with third parties and is
used only within the company on a need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated herein, without your explicit permission.
5. COOKIES
- We use cookies. A cookie is a small piece of information stored on your computer or smart
phone by the web browser. The two types of cookies used on the Platform are described below:
- “Session cookies”: These are used to maintain a so-called ‘session state’ and only
lasts for the duration of your use of the Platform. A session cookie expires when you close your browser, or
if you have not visited the server for a certain period of time. Session cookies are required for the
Platform to function optimally, but are not used in any way to identify you personally.
- “Permanent cookies”: These cookies permanently store a unique code on your computer or
smart device hard drive in order to identify you as an individual user. No Personal Information is stored in
permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser
installation. These permanent cookies are not required for the Platform to work, but may enhance your
browsing experience.
6. LINKS FROM THE PLATFORM
- The services available through the Platform may contain links to other third party
websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or
live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be
subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our
control, nor are we responsible therefore.
- Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree
with, edit or sponsor the content on Third Party Websites.
- We do not monitor or review the content of any Third Party Website. Opinions expressed or
material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded
as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy
practices, or content, of other websites, either.
- Users should evaluate the security and trustworthiness of any Third Party Website before
disclosing any personal information to them. We do not accept any responsibility for any loss or damage in
whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
7. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT ACT”)
- Data Messages (as defined in the ECT Act) will be deemed to have been received by us if
and when we respond to the Data Messages.
- Data Messages sent by us to a user will be deemed to have been received by such user in
terms of the provisions specified in section 23(b) of the ECT Act.
- Users acknowledge that electronic signatures, encryption and/or authentication are not
required for valid electronic communications between us and users.
- Information to be provided in terms of section 43(1) of the ECT Act:
- Users warrant that Data Messages sent to us from any electronic device, used by such
user, from time to time or owned by such user, were sent and or authorised by such user, personally.
- This Platform is owned and operated by 3J Media (Pty) Ltd.
- Address for service of legal documents: 1 Alexander Avenue, Kloof, KwaZulu-Natal, South
Africa, 3640.
8. LODGING OF COMPLAINTS
- We only process your Personal Information in compliance with this Privacy Policy and in
accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the
processing of your Personal Information or are unsatisfied with how we have handled your Personal Information,
you have the right to lodge a complaint with the supervisory authority in your country.
This Privacy Policy has been prepared by Legal Legends: www.legallegends.co.za