Privacy Policy
THIS PRIVACY POLICY (“THIS POLICY”) APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE OUR WEBSITE OR OTHERWISE ENGAGE WITH US. PLEASE READ THIS POLICY CAREFULLY. PLEASE NOTE IN PARTICULAR THE PARTS THAT ARE IN BOLD WRITING AS THESE PARTS MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS.
1. MAN FAMILY WINES INFORMATION PROCESSING POLICY
Man Family Wines is committed to the protection of its customers and the users of this website’s privacy rights, will treat all personal information collected through this website as strictly private and confidential and will ensure that personal information is collected and processed in line with the provisions of the Protection of Personal Information Act, No. 4 of 2013 (“POPI”).
Terms used in this Policy shall bear the same meaning as contained in POPI, including, inter alia, the terms “personal information”, “processing” and “consent”.
By continuing to use our website, you consent to the processing, collection, storage, retention and use of the personal information you provide for the purposes set out in this Policy, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by us. If you do not agree to this Policy, please do not use our website.
Where you provide us with personal information relating to a third-party data subject, you warrant that you have obtained all necessary consents from such data subject, including the data subject's consent for you to share such personal information with us to process. We shall protect, store and process this personal information in the same manner and equal level of security as personal information about you.
2. WHO WE ARE
Proprietary Limited, a private company incorporated in accordance with the laws of the Republic of South Africa with Registration Number 2001/000351/07, trading as “Man Family Wines” and its affiliated group companies, or any of them, as the context requires, as well as our assignees and successors in title. Our principal place of business is at Lievland Farm, Stellenbosch but we recommend you contact us at +27 (0) 21 874 1134 or electronic mail at info@manwines.com
All references to "you", "user" and "your" are deemed to refer to any user and/or visitor of www.manwines.com, and other related URLs, and/or any ancillary services.
3. COLLECTION OF PERSONAL INFORMATION
To access or take advantage of certain features of our website, we may request that you provide personal information. “Personal information” is information about you that is associated with your name or identity, such as, name, mailing address, e-mail address, credit or debit card account number, birth date, telephone number, or purchase information (as contemplated in POPI).
Your personal information may be requested and collected at various locations and on various forms on this website, including but not limited to:
- the completion of online forms, including registration forms for newsletters and other e-mail communications;
- when you submit an inquiry via the website;
- when you submit an order for wine or other products; or
- when you communicate or otherwise interact with us via the website.
MW collects your personal information: (a) directly from you; (b) from other organisations or third parties as appropriate and permitted by law; and (c) where lawful, by using technology to gather information in relation to your use of this website, including information regarding your operating system, browser, domain name, IP address and the like.
The collection of your personal information by means of technology, as contemplated above, may include the use of the technology known as “cookies”. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a “cookie” collects include the date and time you visited this website, your browsing history, your preferences, and your username. Should you wish MW not to collect your personal information by means of the use of “cookies”, please disable the allowance of “cookies” in your browser settings. Please however note that declining the use of “cookies” may limit your access to certain features of the website.
You may always select not to submit personal information, however, as a result, you may not be able to access certain of this website’s features and/or functionality.
We may use a third-party company to monitor website traffic, which may, in some instances, store your information, including the personal information you submit to such third parties.
We may collect, process and store the following information (which may include personal information) about you:
- information that you provide by filling in forms on the website;
- information about your device software and hardware, including the unique internet mobile equipment identity (IMEI), number of your mobile telephone, the unique integrated circuit card identity (ICCID) number of your SIM cards in your device, your email address, IP address, mobile phone number;
- your geographic location information based on your mobile network operator's tower details, GPS (Global Positioning System) and/or WIFI communications network location;
- the date and time, country and the IP address of the device from which you connect to our website;
- information that we may ask you for if you report a problem with our website;
- details of your visits to our website (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access); and
- if you contact us, we may keep a record of that correspondence.
4. STORAGE OF YOUR PERSONAL INFORMATION
All personal information collected by MW is stored securely, with the necessary safeguards put in place to protect its integrity and confidentiality.
We may, from time to time, transfer, store or host your personal information on servers outside of the Republic of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information held in another country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that personal information handled in other countries will receive at least the same level of protection as it is given in this Policy.
Personal information will be deleted or destroyed if it is no longer needed by MW for the purpose for which it was collected or subsequently processed.
5. PROTECTION OF YOUR PERSONAL INFORMATION
We recognise that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.
We will:
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
No data transmission over the internet or electronic storage of information can be guaranteed to be 100% secure or hacker proof. While we have implemented high security measures, we cannot ensure or warrant the security of any information (including personal information) you transmit to us or through this website, and accordingly shall not be liable for any loss, damage and/or cost which you may suffer or incur as a result of a data breach or cyber-attack.
6. PROCESSING OF YOUR PERSONAL INFORMATION
BW will only process your personal information in a manner that is adequate, relevant and not excessive in the applicable circumstances. The processing of your personal information will be done for a purpose compatible with the reason for which it was collected, unless agreed to otherwise or as permitted by law.
Please note that MW may process your personal information without your knowledge or consent, in compliance with applicable laws.
In addition to the above, we collect and process your personal information for the following purposes:
- to process orders for products and for making related decisions including by verifying your identity and contact details;
- to take such actions as may be required to enable and improve your access to and/or use of our products and to exercise our rights and comply with our obligations in respect thereof, including by processing and recording your product orders and transactions, managing your accounts and policies, delivering our products to you, communicating with you regarding your use of our products and collecting payments you may owe us;
- to ensure that the information we receive and hold about you is accurate, complete and up to date;
- manage MW’s relationship with you, including notifying you about any changes to this Policy, asking for your feedback or otherwise;
- to prevent, investigate and prosecute fraud, money laundering, abuse of our services and other unlawful activities;
- to comply with legal and regulatory requirements, for audit purposes and legal proceedings;
- to conduct market research and business analysis, understand your preferences, learn more about the products that you are interested in and improve the products we offer to you;
- to inform and provide you with the opportunity to make use of products and benefits that we offer and what we believe may be of interest to you to the extent that we are lawfully permitted to do so;
- communicate with you and respond to any queries you may make, including as requested by you or otherwise necessary in respect of any agreements concluded by yourself and MW; and
- for such other purposes as you may consent to or as may otherwise be lawfully permitted, including for the purposes of protecting our and/or your legitimate interests and/or that of our suppliers and other customers.
7. DISCLOSURE OF YOUR PERSONAL INFORMATION
MW will only disclose your personal information if: (a) it is required by law, any legal process or a regulatory authority; (b) there is a public duty to disclose such personal information; (c) a legitimate interest requires such disclosure; (d) it is required in order to perform under any agreement concluded between MW and yourself; and/or (e) you consent to such disclosure.
Notwithstanding the generality of the above, MW may share your personal information with, inter alia: (a) its third-party service providers; (b) within its group of companies; (c) with partners or agents involved in delivering any products to you, including courier companies and payment providers; and/or (d) law enforcement agencies, regulatory authorities or public authorities (as required by law). Aforementioned disclosures will take place in line with the provisions of POPI.
MW requires all third parties to respect and protect the integrity of your personal information and we will not sell, rent or trade your personal information to any third party.
8. PARENTAL/AGE ADVISORY
This website is not directed to children or individuals younger than 18. We do not knowingly collect or solicit personal information from anyone younger than 18. In the event that we discover that we collected personal information about a child or individual younger than 18, we will delete the personal information.
9. THIRD PARTIES
The website contains content and may contain links to third-party websites, through which third parties may gain authorised or unauthorised access to your personal information. These terms and conditions do not apply to the collection, processing or use of personal data that you have communicated to third parties. It is in your best interest to acquaint yourself with the rules of personal data protection, and the protection of privacy applied by third parties.
10. COMMUNICATIONS
MW may communicate with you via the personal information provided by yourself (such as telephone numbers or email addresses) for the purposes of communicating important, necessary or relevant information to you.
Notwithstanding the generality of the above, MW may from time-to-time email newsletters to you, which newsletters will contain information which you may find useful.
You may contact MW at info@manwines.com should you wish to unsubscribe from any of the above general communications. Please note that it is not possible to unsubscribe from communications specific to agreements entered into between yourself and MW.
11. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
Your personal information will be retained as long as necessary (i) to provide you with any relevant products, (ii) pursuant to any agreements concluded between yourself and MW and (iii) as may otherwise be required in law.
The necessary, appropriate retention periods in respect of your personal information shall be determined with due regard being had to the amount, nature and sensitivity of your personal information, as well as the potential risk of or harm from any loss, unauthorised use or disclosure of your personal information.
Once our relationship has come to an end, we will either delete your personal information or anonymize your personal information, unless statutory retention requirements apply (such as for taxation purposes).
We may retain your personal information after the termination of our relationship if your personal information is necessary to comply with other applicable laws or if we need your personal information to establish, exercise or defend a legal claim, on a need-to-know basis only. To the extent possible, we will restrict the processing of your personal information for such limited purposes after the termination of the relationship.
12. MODIFICATION AND DELETION OF PERSONAL INFORMATION
You are legally entitled to request the modification or deletion of your personal information at any time. Modification or deletion of data shall be effected on the basis of an appropriate written notice addressed to MW in accordance with paragraph 16 below.
13. OBJECTIONS
Please contact us if you want to object to our collection, processing, recording, protection, use or sharing of your information. Please note that we may require a reasonable period to comply with your objection and can only do so if permitted thereto by law and such compliance does not unreasonably prejudice our legitimate interests or that of a third party.
14. MODIFICATIONS TO THIS POLICY
We reserve the right, at any time, for any reason, in our sole discretion and without prior notice or liability, to change, modify, amend and/or update this Policy. Therefore, you should review this Policy before submitting any information to us. We will collect, store, use and share your personal information in a manner consistent with the Policy in effect at the time you submitted the information, unless we receive your consent to the new or revised policy.
15. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
If you have declared your consent regarding certain collecting, processing and use of your personal information, you can revoke this consent at any time with future effect. Further, you can object to the use of your personal information for the purposes of marketing without incurring any costs other than the transmission costs in accordance with the basic tariffs.
Pursuant to the applicable data protection laws you have the right to: (i) request access to your personal information; (ii) request rectification of your personal information; (iii) request erasure of your personal information; (iv) request restriction of processing of your personal information; (v) request data portability; (vi) object to the processing of your personal information (including objection to profiling); and (vii) object to automated decision making (including profiling).
To exercise your rights please contact us as stated in paragraph 16 below.
In case of complaints, you also have the right to lodge a complaint with the competent data protection supervisory authority.
16. QUESTIONS/CONTACT US
If you have questions about this website or this Policy, including how we may collect, store, use or share information about you, please contact us at info@manwines.com Should you have a question or complaint, you can contact us by calling +27 (0) 21 874 1134. We appreciate your feedback and will always respond within a reasonable time.