THE MARMALADE CLUB (PTY) LTD PRIVACY POLICY (“POLICY”)
Welcome to The Marmalade Club (Pty) Ltd Privacy Policy (“Policy”). This Policy applies to all users of our website, related mobi-sites, and software applications collectively referred to as our “website”, which are used to access and purchase our products and services.
The Marmalade Club respects your privacy and is committed to protecting your personal data. This Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. It is important that you read this Policy together with our other terms and conditions, privacy notices, or policies we may provide from time to time when we collect or use your Personal Information.
If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our website or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our website.
This Policy is provided in a layered format so you can click through to the specific areas set out. Please also use the Glossary to understand the meaning of some of the terms used in this Policy.
This version of the Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Policy. When you use our website the version of the Policy posted on this page applies to you.
Introduction
For purposes of this Policy:
“Applicable Laws” means local, foreign, and international laws, regulations, treaties, and codes, for example, the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008.
"Client" or “you” means any prospective, new, or existing client of The Marmalade Club.
“Personal Information” and “process/processing” bear the same meanings as set out in the Protection of Personal Information Act 4 of 2013 (POPIA).
“POPIA” means the Protection of Personal Information Act 4 of 2013.
"The Marmalade Club" or “we” means The Marmalade Club (Pty) Ltd, with registration number 2020/675674/07, a private company with limited liability, duly incorporated and registered in accordance with the Companies Act.
It is important that you read this Policy carefully before submitting any personal information to The Marmalade Club.
The provisions of this Policy are subject to mandatory, unalterable provisions of Applicable Laws.
How to contact us
If you have any comments or questions about this Policy, including any requests to exercise your legal rights, please contact the Information Officer in writing by sending an email to customerservice@themarmaladeclub.co.za.
Amendment of this Policy
We may amend this Policy from time to time for any of the following reasons:
Privacy and security
The Marmalade Club takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Policy and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
We have implemented reasonable technical and operational measures to keep your personal information secure. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed.
To implement and maintain such measures, we have in place policies, controls, and related processes, which are reviewed and updated on a regular basis. Our policies, controls, and procedures cover for example:
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
The information which we may collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth, and gender.
Contact Data includes billing address, delivery/shipping address, email address, telephone numbers, and emergency contact telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, cookies, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
Profile Data includes your username and password, Facebook profile name, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage Data includes information about how you use our website, products, and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
You warrant that the information you have provided is accurate, current, true and correct and that it does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data, but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
How we collect information
You may provide personal information to us either directly or indirectly by completing an application for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
Direct interactions
You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
Indirect interactions
We may collect personal data from other organizations such as credit reference and fraud prevention agencies. In instances where you have applied for credit or where we have agreed to provide credit to you, we may conduct searches at the credit bureau(x). Details of our searches will be kept by the credit bureau and will be available to other businesses that conduct searches with that agency for the purposes of meeting our regulatory obligations, credit assessments, debt recovery, management of your accounts, prevention of money laundering, and fraud and statistical analysis. In instances where you apply for credit, we will tell you, where permitted by law, if we make a decision about you relating to your credit scoring or eligibility for our products or services based solely on an automated decision-making process. You will be given a reasonable opportunity if permitted by law or code of conduct to make representations about a decision.
Automated technologies or interactions
As you interact with our website and emails we send to you, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see the Cookies We Use section for further details.
Use of information collected
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
You have the right to withdraw consent to marketing at any time by unsubscribing via the link provided with each marketing email we send to you or by contacting us at customerservice@themarmaladeclub.co.za.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| PURPOSE/ACTIVITY | TYPE OF DATA | LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST |
| TO REGISTER YOU AS A NEW CUSTOMER | (A) IDENTITY (B) CONTACT | PERFORMANCE OF A CONTRACT WITH YOU |
| TO PROCESS AND DELIVER YOUR ORDER INCLUDING: (A) MANAGE PAYMENTS, FEES AND CHARGES (B) COLLECT AND RECOVER MONEY OWED TO US | (A) IDENTITY (B) CONTACT (C) FINANCIAL (D) TRANSACTION (E) MARKETING & COMMUNICATIONS | (A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO RECOVER DEBTS DUE TO US) |
| TO MANAGE OUR RELATIONSHIP WITH YOU WHICH WILL INCLUDE: (A) NOTIFYING YOU ABOUT CHANGES TO OUR TERMS OR PRIVACY NOTICE (B) ASKING YOU TO LEAVE A REVIEW OR TAKE A SURVEY | (A) IDENTITY (B) CONTACT (C) PROFILE (D) MARKETING & COMMUNICATIONS | (A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION (C) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO KEEP OUR RECORDS UPDATED AND TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES) |
| TO ENABLE YOU TO PARTAKE IN AN EVENT, PRIZE DRAW, COMPETITION OR COMPLETE A SURVEY | (A) IDENTITY (B) CONTACT (C) PROFILE (D) USAGE (E) MARKETING & COMMUNICATIONS | (A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES, TO DEVELOP THEM AND GROW OUR BUSINESS) (C) CONSENT |
| TO ADMINISTER AND PROTECT OUR BUSINESS AND OUR WEBSITE (INCLUDING TROUBLESHOOTING, DATA ANALYSIS, TESTING, SYSTEM MAINTENANCE, SUPPORT, REPORTING AND HOSTING OF DATA) | (A) IDENTITY (B) CONTACT (C) TECHNICAL | (A) NECESSARY FOR OUR LEGITIMATE INTERESTS (FOR RUNNING OUR BUSINESS, PROVISION OF ADMINISTRATION AND IT SERVICES, NETWORK SECURITY, TO PREVENT FRAUD AND IN THE CONTEXT OF A BUSINESS REORGANISATION OR GROUP RESTRUCTURING EXERCISE) (B) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION |
| TO DELIVER RELEVANT WEBSITE CONTENT AND ADVERTISEMENTS TO YOU AND MEASURE OR UNDERSTAND THE EFFECTIVENESS OF THE ADVERTISING WE SERVE TO YOU | (A) IDENTITY (B) CONTACT (C) PROFILE (D) USAGE (E) MARKETING & COMMUNICATIONS (F) TECHNICAL | NECESSARY FOR OUR LEGITIMATE INTERESTS (TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES, TO DEVELOP THEM, TO GROW OUR BUSINESS AND TO INFORM OUR MARKETING STRATEGY) |
| TO USE DATA ANALYTICS TO IMPROVE OUR WEBSITE, PRODUCTS/SERVICES, MARKETING, CUSTOMER RELATIONSHIPS AND EXPERIENCES | (A) TECHNICAL (B) USAGE | NECESSARY FOR OUR LEGITIMATE INTERESTS (TO DEFINE TYPES OF CUSTOMERS FOR OUR PRODUCTS AND SERVICES, TO KEEP OUR WEBSITE UPDATED AND RELEVANT, TO DEVELOP OUR BUSINESS AND TO INFORM OUR MARKETING STRATEGY) |
| TO PROCESS RETURNS AND ADDRESS COMPLAINTS AND QUERIES | (A) IDENTITY (B) CONTACT (C) FINANCIAL (D) TRANSACTION (E) MARKETING & COMMUNICATIONS | (A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION (C) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO KEEP OUR RECORDS UPDATED AND TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES) |
| TO MAKE SUGGESTIONS AND RECOMMENDATIONS TO YOU ABOUT GOODS OR SERVICES THAT MAY BE OF INTEREST TO YOU | (A) IDENTITY (B) CONTACT (C) TECHNICAL (D) USAGE (E) PROFILE | (A) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO DEVELOP OUR PRODUCTS/SERVICES AND GROW OUR BUSINESS); OR (B) CONSENT |
| TO COMPLY WITH LEGAL OBLIGATIONS OR FOR OTHER LEGAL REASONS, SUCH AS TRACING FRAUDULENT TRANSACTIONS. | (A) IDENTITY (B) CONTACT (E) TECHNICAL (F) USAGE | (A) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a preference centre where you can view and make certain decisions about your personal data use. This can be found under My Account.
We want to personalise your experience with The Marmalade Club so that you get the most relevant information about our products and services, at the right time. The most effective way of doing this is for The Marmalade Club to create a profile of you for marketing purposes, so that we can only recommend you the products we think you are going to like.
We will build your profile based on information you give us and we may supplement this information with marketing insight from third party companies and information in the public domain. We also use services such as Facebook’s Custom Audience and Google’s Customer Match.
You don’t have to give The Marmalade Club any of the following information, but without it we cannot tailor our marketing to suit you and we may not be able to fulfil your order if you buy online.
The Marmalade Club will remember your name, age, address, contact number and e-mail address. To make sure The Marmalade Club only sends you the things you’ll love, our emails will collect information like whether you’ve opened or clicked the email, your device type and general area in which you open it.
The Marmalade Club may analyse how you use our website by recording your mouse clicks, mouse movements, page scrolling and any text keyed into website forms (not including bank details or any sensitive personal data). The Marmalade Club uses this information to improve our website usability and may use your activity on our website to personalise marketing to you when you visit other websites.
The Marmalade Club will remember your purchase history so we can make sure you’re the first to find out about products people like you are buying, and products that will complement the ones you have already bought from us.
If you don’t complete your purchase, The Marmalade Club will keep track of what you put in your shopping bag for when you return to our website, and may remind you of what is in your shopping bag via email or banners on other websites.
The Marmalade Club may use the information you have publicly shared on social media to make sure you only get product recommendations from us that are suited to you. If you give us information about your friends (which you should only do with their permission), The Marmalade Club may recommend suitable products to them.
If you submit user generated content through our social media channels, we may use your username or email address to communicate with you, in addition to using your photo. The use of your photo would include, but not be limited to, The Marmalade Club's social media channels and website. We may also use your IP address and geolocation to filter content by region, country or other local area. Such data is only used with your consent.
You can unsubscribe from The Marmalade Club’s marketing communications at any time by clicking on the link found at the bottom of every marketing email, by updating your account preferences on our website, or by emailing customerservice@themarmaladeclub.co.za. Please note that it may take up to 7 days for any changes to take effect.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (this is “marketing”).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing. You will also receive marketing communications from us if you have provided us with your details when you entered a competition or registered for a promotion and gave us your consent as part of that process.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at customerservice@themarmaladeclub.co.za.
Cookies
To improve your experience when shopping on the website we use cookies. A cookie is a piece of information our website will place on your computer’s hard drive that can track your movements while you are on the website. It will also recognize you when you visit our website again.
Cookies are stored for us to continually improve our website and provide a better online shopping experience for you. They are mainly used for marketing purposes, but they are also used to tell us what country you are coming from so we can make sure that prices are displayed in the correct currency and pages in the correct language. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
Cookies must be enabled to place an order with us. If you disable your cookies, you will be able to browse our site, but won't be able to make a purchase. For more information about the cookies we use, please see the Cookies We Use section.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Opting out of marketing messages will not prevent you receiving non-marketing messages from us, for example relating to products ordered from us, responses to customer service queries etc.
Disclosure of your information
We may have to share your personal data with the parties set out below for the purposes set out in the section under Use of Information Collected.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
The data that we collect from you may be transferred to, and stored at, a destination outside of the Republic of South Africa (RSA). It may also be processed by staff operating outside of the RSA who work for us or for one of our third-party suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Whenever we transfer your personal data out of the RSA, we shall ensure that any such transfer is lawful and that a similar degree of protection is afforded to it in accordance with POPIA.
Please contact us at customerservice@themarmaladeclub.co.za if you want further information on the specific mechanism used by us when transferring your personal data out of the RSA.
By accessing and using our website, you consent to us transferring your personal information outside of South Africa as set out in POPIA.
Retention of your information
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may have to keep some of your information (such as payments information) for longer where this is reasonably necessary or required by law or regulation, for instance, to prevent fraud or resolve disputes.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
By accessing and using the website, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.
Access to, correction and deletion of your personal information
You may request details of personal information which we hold about you under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by The Marmalade Club, please review our Promotion of Access to Information Act Manual located here (insert hyperlink).
You may request the correction of personal information The Marmalade Club holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, The Marmalade Club may limit the products and services offered to you or elect not to open your account.
You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restrictions on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out to protect our legitimate interests or your legitimate interests unless the law provides for such processing.
What are your legal rights?
Under certain circumstances, and having provided adequate proof of your identity, you have rights under data protection laws in relation to your personal data:
If you wish to exercise any of the rights set out above, please contact us at customerservice@themarmaladeclub.co.za.
You can exercise all your rights as set out above by referring to our process set out in our PAIA Manual (hyperlink).What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
What do credit bureaux and fraud prevention agencies do with my information?
We may share your personal data (provided to use as set out in this Policy) with credit bureaux and fraud prevention agencies.
You have a legal right to obtain details of those credit bureaux and fraud prevention agencies from whom we obtain and to whom we pass information about you. You also have a right to further details explaining how the information held by fraud prevention agencies may be used
For further information about the use of your personal data by credit bureaux and fraud prevention agencies, please contact customerservice@themarmaladeclub.co.za.
Links to third-party websites
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Cookies We Use
We may obtain information about your general website usage and to compile statistical reports on website activity by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and to deliver a better and more personalised service. You can refuse to accept cookies by changing the settings on your browser. This may, however, mean you are unable to access certain parts of our website. If you require more information on cookies, please see our Cookies Policy (hyperlink).
By accessing and using the website, you consent to our use of cookies.
Complaints
Should you believe that The Marmalade Club has utilized your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with The Marmalade Club.
If you are not satisfied with such a process, you may have the right to lodge a complaint with the Information Regulator, using the contact details available on its website at: https://justice.gov.za/inforeg/.
Glossary
For purposes of this Policy:
“Applicable Laws” means local, foreign and international laws, regulations, treaties and codes, for example the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008.
"Client" or “you” means any prospective, new or existing client of The Marmalade Club.
“Comply with a legal or regulatory obligation” means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
“Consent” means you have explicitly given us permission to process your personal data. In such circumstances we will have asked you a specific question and you will have entered information or ticked a tick-box to indicate your consent.
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
“Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
"The Marmalade Club" or “we” means The Marmalade Club (Pty) Ltd, with registration number 2020/675674/07, a private company with limited liability, duly incorporated and registered in accordance with the Companies Act.
“Third Party” means parties other than “You” and “The Marmalade Club” (“Third Parties” shall have a corresponding meaning) and may include, but not be limited to:
“Third Party Websites” means websites other than the “Website” and which are operated or controlled by Third Parties.
“Trademarks” means those trademarks The Marmalade Club owns (or which “we” are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which “we” own or have the right to use or any derivative service offerings of, and applications for, any of same.
“Use” when used in the context of the “website”, means to visit or load the “website” in a web browser, mobile phone or similar software application or device or otherwise engage with the “website”.
“Website” means the website (including related mobi-sites and software applications) located at or accessed through www.themarmaladeclub.co.za, as well as other The Marmalade Club domains as may be available from time to time.