Privacy Policy

MACSTEEL SERVICE CENTRES SA (PTY) LIMITED (“MSCSA”) PRIVACY POLICY

This Macsteel Service Centres SA (Pty) Limited Website Privacy Policy applies to how we collect, use and process your Personal Information when you use the Website. Please read this policy carefully.

1. Scope of the Privacy Policy

1.1 Introduction and scope

1.1.1 Macsteel Service Centres SA (Pty) Limited is a registered company that provides steel products and related services ("MSCSA" or "we" or "us" or "our").

1.1.2 MSCSA is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.

1.1.3 This Privacy Policy (this "Privacy Policy") sets out what we will do with any Personal Information (defined in paragraph 2.1 below) we collect from or about you, or that you provide to us, when you use the Websites developed and made available to you by MSCSA, including the Website accessible at www.macsteel.co.za and related Websites such as shop.macsteel.co.za (the "Website"). Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.

1.1.4 To the extent that this Privacy Policy refers to definitions or provision in the Website Terms of Use that applies to the use of the Website (the "Terms"), they are hereby incorporated in this Privacy Policy by reference.

1.2 Your consent to the Processing of your Personal Information on the terms and conditions set out in this Privacy Policy:

1.2.1 By agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information.

1.2.2 If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.

1.3 To whom does this Privacy Policy apply to?

1.3.1 This Privacy Policy applies to-

1.3.1.1 us, and our successors-in-title; and

1.3.1.2 you, namely a registered user who accesses the Website, regardless of the device which you use to access it, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets ("Access Device").

1.3.1.3 This Privacy Policy does not apply to other parties' websites, products or services, such as websites linked to, from or advertised on the Website, or sites which link to or advertise the Website ("user", "you", or "your").

2. What is Personal Information?

2.1 "Personal Information" refers to private information about an identifiable person, which includes your name and surname, gender, date of birth, contact details (e.g. your e-mail address), physical address and employment details.

2.2 Other information which might be “Personal Information” may include:

2.2.1 “Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone, and which type thereof), the geographic location from which you accessed the Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;

2.2.2 “log information”: When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website), which may include your “activity information”, such as details of how, when and for how long you accessed the Website and what features you utilised;

2.2.3 "profile information": We may collect and Process information and usage data per profile to make targeted recommendation to that profile when logged in to and using the Website; and

2.2.4 “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the IP location).

3. When will we Process your Personal Information?

3.1 In addition to paragraph 4 below, Personal Information may be Processed by us in several ways, including, when:

3.1.1 you register to use the Website;

3.1.2 you access, browse or make use of Website;

3.1.3 you submit your Personal Information to us for any other reason; and

3.1.4 you contact us, by email or telephonically, with any queries.

4. How we collect your Personal Information

4.1 We collect your Personal Information in two ways, namely:

4.1.1 actively from you; and

4.1.2 passively from your Access Device when you use the Website.

4.2 Active collection from you

4.2.1 We may require you to submit certain information in order for you to register for the Website and we may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via e-mail, feedback forms, site comments and forums.

4.2.2 If you contact us, we may keep a record of that correspondence.

4.2.3 The information we may actively collect from you may include your:

4.2.3.1 identifying information (e.g. your name, surname, employment information);

4.2.3.2 contact details (e.g. e-mail address); and

4.2.3.3 any other information which we may request from you from time to time.

4.3 Passive collection from your Access Device

4.3.1 We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Website, using various technological means, for instance, using server logs to collect and maintain log information.

4.3.2 The information which we may passively collect from your Access Device may include your identifying information, contact details, Access Device and Access Device event information, activity information, log information, telephony log information, location information and any other information which you permit us, from time to time, to passively collect from your Access Device.

5. How we use your Personal Information

5.1 We use the information we collect to provide, maintain, and improve the Website, to develop new services, and to protect us, our services and our users.

5.2 We may use your Personal Information:

5.2.1 to retain and make information available on the Website;

5.2.2 to create your user account and ensure that it doesn’t duplicate an existing user account on the Website;

5.2.3 to maintain and update our customer, or potential customer, databases;

5.2.4 as a registered user, to send you notifications and authenticate your identity when you view and access the Website;

5.2.5 to establish and verify your identity on the Website;

5.2.6 to diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;

5.2.7 to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;

5.2.8 to provide you with the latest information about our goods and services, provided you have agreed to receive such information;

5.2.9 to conduct market research surveys, product research and development;

5.2.10 to communicate with you;

5.2.11 to compile non-personal statistical information about browsing habits, click patterns and access to the Website;

5.2.12 to improve the Website, analyse trends and administer the Website, including requesting feedback on any information made available on or by means of the Website (the "Content") and our services, products, address any issues and liaise with users in that regard;

5.2.13 to keep a record of our communications with you and your communications with us;

5.2.14 to fulfil any contractual obligations we may have to you or to any third party;

5.2.15 to inform you about any changes to the Website, the Terms, this Privacy Policy or other changes which are relevant to you;

5.2.16 to compile and use statistical information about you and other users and their access to and use of the Website, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Website, including, recommendations to users and tailoring information and Content for users;

5.2.17 to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Website, browsing habits, click-patterns, preferences, demographics which we may use to develop, provide and improve the Website and our products and services. Please note that the information referred to in this paragraph 5.2.17 is aggregate information about our users which has de-identified users' personal information such that it cannot be linked back to identify you. We will not disclose your identifiable personal information to anyone without your permission;

5.2.18 for security, administrative and legal purposes;

5.2.19 for customer relations; and

5.2.20 other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website.

5.3 We will obtain your permission, or otherwise establish a clear lawful basis, before collecting or using your Personal Information for any other purpose.

6. Compulsory information and consequences of not sharing with us

6.1 Only your e-mail address, name and surname, contact details and such other information as we specify from time to time, constitutes compulsory information. Device and Device event information, log information and unique application numbers, as detailed in clause 2.2 above, are automatically collected. All other information is optional. If you do not agree to share your compulsory information with us, then you will not be able to enjoy all the features and functionality of the Website.

7. Sharing of your Personal Information

7.1 We will not intentionally disclose, for commercial gain or otherwise, your Personal Information other than as set out in this Privacy Policy or with your permission

7.2 You agree and consent that your Personal Information may be shared under the following circumstances:

7.2.1 to our agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;

7.2.2 to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;

7.2.3 in order to enforce or apply the Terms or any other contract between you and us;

7.2.4 in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;

7.2.5 in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;

7.2.6 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:

7.2.6.1 comply with the law or with any legal processes;

7.2.6.2 protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors, suppliers, service providers, agents or any third party;

7.2.6.3 detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of the Website and/or contravention of this privacy policy;

7.2.6.4 protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

7.3 We may use your Personal Information to compile profiles for statistical purposes.

7.4 We will get your permission before disclosing your Personal Information to any third party for any other purpose

8. Storage and transfer of your Personal Information

8.1 We store your Personal Information:

8.1.1 on our servers; or

8.1.2 on the servers of our third party service providers, such as IT systems or hosting service providers. In this event, we will ensure that we have entered into written contract that require such third party service providers to secure the integrity and confidentiality of Personal Information in its possession by taking appropriate, reasonable technical and organisational measures.

8.2 We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.

8.3 If the location that such Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.

9. Security

9.1 We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.

9.2 From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.

9.3 See paragraph 7.2.2 regarding measures to protect the information which is provided to employees, agents and contractors on a need-to-know basis.

9.4 We also create a back-up for operational and safety purposes.

9.5 We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information.

9.6 Even by taking the above measures when Processing your Personal Information, we do not guarantee that your Personal Information is 100% secure. Subject to the provisions of this clause 9.6, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information.

10. Retention of your Personal Information

10.1 We retain all Personal Information which we collect from you unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it (“retained information”).

10.2 We may keep all retained information for as long as you continue to access the Website, Content or goods and/or services for as long as reasonably necessary or until you contact us and ask us to destroy the retained information.

10.3 Notwithstanding paragraph 10.2 above and any other provision of this Privacy Policy, we may keep some or all of your Personal Information if and for as long as:

10.3.1 we are required or permitted by law, a code of conduct, or a contract with you to keep it;

10.3.2 we reasonably need it for lawful purposes related to our functions and activities;

10.3.3 we reasonably need it for evidentiary purposes; or

10.3.4 you agree to us keeping it for a specified further period.

11. Keeping your Personal Information updated and correct

11.1 Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.

11.2 We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the Processing of your Personal Information in certain circumstances.

11.3 You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 20 below. If you have already registered on the Website, you can at a later stage modify some of the Personal Information you have included in your profile by logging in and recreating your profile with your updated Personal Information.

11.4 Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.

12. You give up your rights

12.1 Sometimes the law says that we have a duty to make you aware of some information or other matters, unless you agree that we do not need to do these things (this is called a waiver of rights). In these cases, you agree that where the law requires us to make you aware of something (to inform or notify you) or to do something else, we do not have to do this. As you agree to this clause 12.1, we will not have this duty anymore and will not need to make you aware of the information or other matters.

13. Changes to this Privacy Policy

13.1 We may change this Privacy Policy from time to time. If we do so, we will post the revised policy on the Website and take reasonably practicable steps to ensure that you are aware of the updated Privacy Policy (including, if we have your e mail address, e-mailing you notifications of the updated Privacy Policy).

14. Children

14.1 The Website is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.

15. Direct marketing

15.1 When you register on the Website, you may receive marketing communications from us.

15.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).

15.3 You may opt-out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.

15.4 If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and discontinue sending you any further direct marketing communications.

16. Third party sites

16.1 To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.

16.2 We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.

16.3 We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

17. How to protect your Personal Information

17.1 People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about what you make available. For example, you may -

17.1.1 request us to indicate what Personal Information of yours we have on our systems;

17.1.2 update your Personal Information on the Website or request us to or to destroy or delete your Personal Information (subject to paragraph 10);

17.1.3 object to any unlawful processing of your Personal Information; and

17.1.4 request that your Personal Information is deleted if it is no longer required for the purposes for which it was collected or required by MSCSA in terms of any applicable law, subject to paragraph 10; or

17.1.5 refuse the processing of your Personal Information for direct marketing purposes (see paragraph 15).

17.2 As far as the law allows, we may charge a fee for attending to any of your requests above and may also refuse to carry out any of your requests in whole or in part.

18. Consumer Protection Act, Protection of Personal Information Act and other laws

18.1 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act ("POPI") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.

18.2 No provision of this Privacy Policy:

18.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

18.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

18.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

19. Governing law

19.1 South African law applies to this Privacy Policy.

19.2 If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction, it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

20. Queries

20.1 If you have questions about our Privacy Policy, please contact our Legal Department or informationofficer@macsteel.co.za to redirect your query.