Personal Information means personal information as defined in POPI, being information that may be used to directly or indirectly identify you, whether as a natural or juristic person. Personal Information includes, for example, your name, surname, email address, identity number, contact details, photographs, banking details and location.
BMS does not intentionally collect information from or about children (persons under the age of 18), and our Website does not target children. Links to Third Party Websites
Collecting Your Personal Information
We collect Personal Information about you from the following sources:
- directly from you when you provide it to us, such as when you sign up to access or use our Website as our customer, contact us or during our relationship with you;
- from public sources where you have made your Personal Information public, such as on social media;
- subject to POPI, from your use of our Website or your use of any features or resources available on or through our Website; and
- from third parties when you interact with them through our Website, in circumstances where you have consented to those third parties sharing your Personal Information or otherwise as authorised by POPI.
Types of Information which we Collect Non-Personal Information
Non-personal or de-identified information is data about usage and service operation that is not directly associated with a specific personal identity. BMS may collect and analyse non-personal or de-identified information to evaluate how people use our Website.
Aggregate information is another form of non-personal or de-identified information. BMS may gather aggregate information, being information that your computer automatically provides to us (and that cannot be tied back to you as a specific individual) examples of which include referral data (the websites you visited just before and just after our Website), the pages viewed, time spent on our Website, and Internet Protocol (“IP Address”) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you visit a page on our Website, our servers log your IP Address to create aggregate reports on user demographics, traffic patterns and for purposes of system administration.
Every time you request or download a file from our Website, BMS may store data about these events as well as your IP Address in a log file. BMS may use this information to analyse trends, administer the Website, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
Cookies are small files about browsing activity that are stored on a device’s web browser by the websites that are visited and are generally used to improve user experience. When you use our Website we automatically receive and record information on our server logs from your browser, such as your location, IP Address, general internet usage and Google Analytics information. This is statistical data about browsing actions and patterns. Cookies enable us to improve our Website and estimate our audience size and usage patterns, store information about your preferences, save your password so that you don’t need to re-enter it each time you use the Website, and recognise you when you return to the Website.
We do not link non-personal information from cookies to Personal Information without your consent.
Our Website may also use web beacons to collect non-personal information about your use of our Website and the websites of selected partners, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our Website and the websites of selected partners; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our Website or those of our partners. We do not link non-personal information from web beacons to Personal Information without your consent.
We use Personal Information to better understand your needs and interests and to provide you with a better online experience. We may collect the following categories of Personal Information through our Website:
- General personal details: your name and surname (or similar information for a juristic person).
- Contact details: your address, contact number, and email address.
- User information: Personal Information included in correspondence, transaction documents, use of the Website or other materials that we process in the course of providing access to our Website.
- Consent records: records of any consents you have given us in respect of using
- your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
How We Use Your Information
We only process Personal Information that is relevant and for the following purposes:
- to perform our duties in terms of our Terms and Conditions (to provide you with access to the Website, including registration and related support services);
- to operate and manage your account or your relationship with us, including facilitating customer applications;
- to monitor and analyse our business to ensure that it is operating properly, including for financial management and business-development;
- to contact you by email, push notifications or other means to inform you about our Goods and Products including, unless you have opted-out of such communications, for marketing purposes;
- to form a view of you as an individual and to identify, develop or improve the Website;
- to carry out market research and surveys, business and statistical analysis and necessary audits;
- to prevent fraud;
- to perform other administrative and operational tasks such as testing our processes and systems; monitoring our Website’s usability, performance, and effectiveness; improving the online experience, usability and content of the Website and ensuring that our security measures are appropriate and adequate; and
- to comply with our regulatory, legal and other obligations.
In addition to the above purposes, we may use your Personal Information for other purposes (if the law allows for it), if you consent to such use, or if it is in the public interest to do so. However, we will only process your Personal Information for purposes which are allowed in terms of POPI.
BMS does not sell, rent, or lease any Personal Information, including email addresses, to anyone for marketing or other purposes, and we take commercially reasonable steps to maintain the security of the Personal Information that we hold.
We do and will continue to implement reasonable measures to keep your Personal Information confidential and, subject to POPI, to only share it with others in terms of
- our business partners or third-party service providers and processors in order to provide you with access to the Website or related services, such as data storage service providers, third party payment processors, couriers, technicians, etc. in accordance with written agreements with these third parties;
- legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of POPI or other applicable laws;
- accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
- any relevant third-party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
- any relevant third-party if we sell or transfer to such third party all or any portion of our business or assets provided that such disclosure will comply with POPI;
- any relevant third-party provider where our Website uses third-party advertising, plugins or content; and
- any other third-party service provider that will have access to your information when they provide services to us.
Use of Operators
If we engage third parties to process your Personal Information for us (POPI refers to them as “Operators”), the Operators will only be appointed in terms of a written agreement which will require them to only process Personal Information in terms of our mandate (and not for any of their own purposes), to use appropriate measures to ensure the confidentiality and security of your Personal Information and to comply with any other requirements set out in our agreement with them and as required by POPI.
Legal Rights in Respect of Your Personal Information
You have certain rights in relation to your Personal Information. These rights are provided (and in some instances qualified) by POPI or other applicable laws. In particular, you have the following rights in respect of your Personal Information:
- the right of notification: the right to be notified if your Personal Information has been accessed or acquired by an unauthorised person;
- the right of access: the right to be informed of and request access to the Personal Information that we process about you. This right is based both under POPI and under the Promotion of Access to Information Act, 2000 (“PAIA”);
- the right to rectification and erasure: you may request that your Personal Information be amended or updated where it is inaccurate or incomplete or that we delete your Personal Information, subject to applicable limitations and exceptions;
- the right to restrict processing: you may request that we temporarily or permanently stop processing your Personal Information;
- the right to object: you may object to us processing your Personal Information, and to your Personal Information being processed for direct marketing purposes;
- the right not to be subject to automated decision-making: where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner;
- the right not to have your Personal Information processed for purposes of direct marketing by means of unsolicited electronic communications unless you have consented thereto or are a customer of BMS and where BMS has acquired access to such Personal Information in accordance with Section 69 of POPI;
to submit a complaint to the regulator regarding any alleged interference with the protection of your Personal Information;
Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.
Access to and Accuracy of and Objection to Processing Personal Information
Quality: we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by contacting us directly via landline telephone (currently 031 579 5613) or by sending us an email on email@example.com.
Objection: you may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if POPI allows its continued use. To exercise this right or to discuss it with us, please contact us via landline telephone (currently 031 579 5613) or send us an email on firstname.lastname@example.org.
These requests may be subject to an access to information request in terms of PAIA and/or POPI or other applicable laws and we may require you to verify your identity, identify the rights you are wishing to exercise and to pay a fee.
We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with the requirements of POPI.
The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your
Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that subject to our compliance with POPI, any transfer of Personal Information via the internet is at your own risk and that you are responsible for ensuring that any Personal Information that you send is sent securely. BMS assumes no liability for the interception, alteration, or misuse of the information you provide to us via the internet.
We will report any security breach to the applicable regulatory authority in terms of POPI and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us via landline telephone (currently 031350 4440) or by sending an email to email@example.com.
Direct Marketing and Opting Out
We may process your Personal Information to contact you to provide you with information about our Products that may be of interest to you. Where we provide Goods to you (where you are a customer of ours), we may send information to you regarding our Products and other information, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to this or otherwise if such communication is in compliance with POPI, for example, if you are our customer.
If you prefer not to receive any or all of these communications, you may opt out from marketing activities by following the directions provided within the electronic newsletters and announcements or by contacting us via landline telephone (currently 031 350 4440) or send us an email on firstname.lastname@example.org.
After you unsubscribe from marketing activities, we will not send you any further direct marketing communications.
Retention of Personal Information
Lodging a Complaint
If you wish to raise any objection to or have any queries about our privacy practices, you can contact us at email@example.com.
BMS’ physical address is:
1399 Chris Hani Road