Privacy Policy

PROTECTION OF PERSONAL INFORMATION (“POPI”), PRIVACY POLICY AND PRINCIPLES

1. Introduction
   • Mpesu (PTY) LTD (“Mpesu”)
     owns and operates this website. This document details the Privacy Policy for https://www.mpesu.co.za (“Website”).
   • Mpesu respect users’ privacy and will take reasonable measures to protect it, as more fully detailed
below.
   • Mpesu may require the user to provide Mpesu with personal information, which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
   • Should the user’s personal information change, please inform Mpesu and provide Mpesu with the updates within 7 days to enable Mpesu to update the user’s personal information.
   • Users may choose to provide additional personal information to Mpesu, in which event users agree to provide accurate and current information, and not to impersonate or misrepresent any
person or entity or falsely state or otherwise misrepresent the user’s affiliation with anyone or anything.
   • Mpesu asks each of its users to abide by all applicable laws, rules and regulations, as Mpesu promise its users that Mpesu will do ourselves.

2. User’s consent
   • By using Mpesu and its Website, the users consent to the transfer of the user’s personal data. Subject to the below, Mpesu will not, without the user’s express consent, use the user’s personal information for any purpose other than as set out below:
     • Mpesu uses that information for several purposes to register the users for inclusion in our service; to fulfil the user’s request; to contact users if Mpesu need to obtain or provide additional information; to verify the accuracy of our records; or to contact users regarding customer satisfaction surveys, in relation to the ordering, sale and delivery of products and services.
     • to contact users regarding current or new products or services or any other products offered by Mpesu (unless users have opted out from receiving marketing material from Mpesu);
     • to inform users of new features, special offers and promotional competitions offered by Mpesu (unless users have opted out from receiving marketing material from Mpesu);
     • to improve our products, services and user’s selection and the user’s experience on our Website by, for example, monitoring the user’s browsing habits, or tracking the user’s sales on the Website;
     • Collect certain technical information, such as the browser version and operating system.

• Disclose the user’s personal information to any third party other than as set out below:
  • to our employees and/or third-party Service providers who assist Mpesu to interact with users via our Website, or any other method, for the ordering of products or services and thus need to know the user’s personal information in order to assist Mpesu to communicate with users properly and efficiently;
  • to our users (including their employees and/or third-party service providers) in order for them to interact directly with users via email or any other method for purposes of delivering additional services and/or products, sending users marketing material regarding any current or new products or services, new features, special offers or promotional items offered by them (unless users have opted out from receiving marketing material from Mpesu);
  • to law enforcement, government officials, fraud detection agencies or other third parties when Mpesu believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;
  • to our service providers (under contract with Mpesu) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use the user’s information in connection with the services they perform for Mpesu and not for their own benefit;
  • to our suppliers in order for them to liaise directly with users in the event of users submitting a warranty claim regarding any products or services users have purchased which requires their involvement. From time to time Mpesu may also administer random “interactive pop-up” surveys to some users on their sites. These surveys request additional demographic, non-personally identifiable information. The users’ participation in a survey is always voluntary, and users therefore have a choice as to whether or not to provide the requested survey information. Mpesu uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
  • Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other users who in turn have agreed to adhere to this Privacy Policy.
  • Mpesu is entitled to use or disclose the user’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Mpesu, or to protect and defend our rights or property.
  • Mpesu will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to the user’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the user’s personal information.

3. Personal Information
   • Mpesu will –
     • treat the user’s personal information as strictly confidential, save where Mpesu is entitled to share it as set out in this Policy;
     • take appropriate technical and organisational measures to ensure that the user’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
     • provide users with access to the user’s personal information to view and/or update personal details;
     • promptly notify users if Mpesu become aware of any unauthorised use, disclosure or processing of the user’s personal information;
     • provide users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
     • upon the user’s request, promptly return or destroy any and all of the user’s personal information in our possession or control, save for that which Mpesu are legally obliged to retain;
     • Mpesu will not retain the user’s personal information longer than the period for which it was originally needed, unless Mpesu is required by law to do so, or users consent to Mpesu retaining such information for a longer period;
     • Mpesu undertakes never to sell or make the user’s personal information available to any third party other than as provided for in this Policy, unless Mpesu is compelled to do so by law. In particular, in the event of a fraudulent online payment, Mpesu is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it;
     • Whilst Mpesu will do all things reasonably necessary to protect the user’s rights of privacy, Mpesu cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the user’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence;
     • If users disclose the user’s personal information to a third party, such as an entity which operates a Website linked to this Website or anyone other than Mpesu, Mpesu WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because Mpesu does not regulate or control how that third party uses the user’s personal information. The user should always ensure that it reads the Privacy Policy of any third party;
     • Retention Period – Mpesu will retain the user’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law;
     • Children and Privacy – The Mpesu Website does not offer information intended to attract children. Mpesu does not knowingly solicit personal information from children under the age of 14;
     • Your right to access information – The user has the right to request a copy of the personal information we hold about the user. To do so, simply email Mpesu on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. Mpesu will take all reasonable steps to confirm the user and/or user’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
     • Correction of information – The user has the right to ask Mpesu to update, correct or delete its personal information. The user may do this by contacting Mpesu at the numbers/addresses provided below. Mpesu will take all reasonable steps to confirm the user’s identity before making changes to personal information we may hold.
     • Mpesu’s POPI contacts – If the user has questions about this Policy, believe Mpesu has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact Mpesu at the following numbers/addresses:

Mpesu (Pty) Ltd
25 Ingwe Road – Unit 2
Sebenza
Edenvale
1602
Phone: 011 568 5115

4. SECURITY
   • Mpesu uses reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.
   • If users have reason to believe that the user’s interaction with Mpesu is no longer secure (for example, if users feel that the security of any account users might have with Mpesu has been compromised), please immediately notify Mpesu of the problem by contacting Mpesu in accordance with the “Contact Us” section.

5. COOKIES
   • This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website can use (and which Mpesu may use) to recognise repeat users, facilitate the user’s on-going access to and use of a Website and allow a Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content.
   • The type of information collected by cookies is not used to personally identify users. If users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows users to deny or accept the cookie feature.
   • Please note that cookies may be necessary to provide users with certain features available on our Website, and thus if users disable the cookies on the user’s browser users may not be able to use those features, and the user’s access to our Website will therefore be limited. If users do not disable “cookies”, users are deemed to consent to our use of any personal information collected using those cookies.

6. CHANGES TO THE PRIVACY POLICY
   • Mpesu may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the user’s responsibility to regularly check the Privacy Policy and make sure that users are satisfied with the changes. Should a user not be satisfied, users must not place any further orders on, or in any other way use, the Website.
   • Any such change will only apply to the user’s use of this Website after the change is displayed on the Website. If users use the Website after such amended Privacy Policy, users will be deemed to have accepted such changes.

7. ELECTRONIC COMMUNICATIONS
   • When users visit the Website, or send emails to Mpesu, users consent to receiving communications from Mpesu or any of our users electronically in accordance with our Privacy Policy.