PRIVACY POLICY

Last Modified: March 26, 2016

Mshini Holdings (Pty) Ltd, (“us”, “we”, or “our”) operates https://www.mshini.com (the “Site”).

MSHINI RESERVES THE RIGHT TO REVISE THIS PRIVACY POLICY AT ANY TIME AND SHALL PLACE SUCH REVISED POLICY ON ITS WEBSITE AT LEAST THIRTY (30) CALENDAR DAYS BEFORE IT BECOMES EFFECTIVE. CUSTOMER’S CONTINUED USE OF MSHINI’S SERVICE(S) SHALL CONSTITUTE CONTINUED ACCEPTANCE OF THIS PRIVACY POLICY.

1. Introduction

Unless the context clearly indicates to the contrary, any capitalised term in this Privacy Policy shall bear the same meaning as defined in Mshini’s Terms of Service located at https://www.mshini.com/terms-of-service/ which definitions shall be deemed to have been incorporated herein by reference.

2. Compliance with Applicable Law

Protecting Customer privacy is of utmost importance to Mshini. Accordingly, Mshini has developed this Privacy Policy in order to safeguard your personal information and to protect the confidentiality thereof. In so doing, Mshini has taken cognisance of the provisions of the Constitution of the Republic of South Africa Act, 108 of 1996, the Electronic Communications Act, 25 of 2002 and the common law so as to ensure compliance with all relevant statutory requirements and best practice under South African law.

3. No Liability for Unauthorised Disclosure

While Mshini will do all things reasonably necessary to protect your rights of privacy whilst on the Mshini website, Mshini cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your personal and confidential information made by third parties who are not subject to Mshini’s control.

4. Personal Information

For purposes of this Privacy Policy, “personal information means the Customer’s name, surname, address, e-mail address, telephone number, cellphone number, ID number, physical address, company name, contact ID number, credit card or banking details.”

5. Consent to Collection

By accepting the Mshini Terms of Service, you consent to Mshini’s collection of personal information on an ongoing basis for the continued duration of your relationship with Mshini, subject to the limitations set out in this Privacy Policy.

6. Types of Personal Information Collected

Mshini collects personal information when a Customer submits an application form to make use of Mshini’s Services. Mshini also collects personal information for purposes of improving its Service offering and for purposes of increasing service efficiency.

7. Cookies

We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer’s hard drive and which contains information about you, so that the next time you visit the Mshini website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser.

8. Customer Data

The Customer Data collected by Mshini is used solely in connection with granting you access to the website, and for purposes of monitoring the Customer’s use of the website so as to limit or prevent breaches of security. Mshini may also use information collected for research regarding the effectiveness of the Mshini website and related marketing and advertising efforts. Electronic communications will be sent by Mshini using your personal contact information to inform you of new products, important industry news or about general services provided by Mshini. Mshini adheres strictly to permission-based email standards and, as such, all emails that are sent will have an option to unsubscribe. Unsubscribe requests are automatically fulfilled and no further communication will be sent to you.

9. Service Announcements

In order for Mshini to fulfil its service obligations it is necessary to send out a strictly service related announcement. For instance, Mshini will send an email to relevant Customers if Mshini anticipates a service interruption as a result of system maintenance. Generally, Customers may not opt-out of these communications. These communications are not promotional in nature.

10. Disclosure of Personal Information

Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for Mshini marketing and contract administration. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by Mshini.

Information collected from Customers may be disclosed to independent contractors and business partners, including Mshini’s payment processors and mail marketing service provider, provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for Mshini, and (iii) observe Mshini’s information handling procedures.

11. Retention of Personal Information

All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 10 above.

12. Accurate and Up To Date

Mshini will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause 10 above, and Mshini shall, from time to time, request you to update your personal information on the website. You are able to review or update any personally identifiable information that we hold on you by accessing your account or by e-mailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

13. Security

Mshini uses firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in Mshini’s Customer Database.

14. Contact Us

If you have any questions about this Privacy Policy, please contact us.