Privacy Policy

 

Protection of Personal Information Act (POPIA)

Privacy Policy and Informed Consent Notice

Consent to Process Personal Information in terms of the Protection of Information Act, 4 of 2013

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights in the South African Constitution.

The responsible use of We are Food’s website and related resources in respect of data privacy is important to We are Food.

Whilst We are Food is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, We are Food has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to We are Food’s Information and Services including its online and social media platforms and applications.

This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive We are Food’s Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

PLEASE READ THIS PRIVACY POLICY BEFORE YOU MAKE USE OF, WE ARE FOOD’S ELECTRONIC FACILITIES OR PROVIDE WE ARE FOOD WITH ANY PERSONAL INFORMATION. BY PROVIDING WE ARE FOOD WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO WE ARE FOOD PROCESSING YOUR PERSONAL INFORMATION, WHICH WE ARE FOOD UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.

1. INTRODUCTION

    1.1 We are Food, in order to carry out its aims and objectives as a manufacturer, marketer and distributor of fast-moving consumable goods, does, and will, on an ongoing basis receive, provide and process Personal Information.

    1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.

    1.3 In order to give effect to this right, We are Food is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by We are Food’s.

    2. APPLICATION

    2.1  The Privacy Policy of We are Food is applicable to

    2.1.1 We are Food’s electronic platforms and facilities, including all social media, websites, other platforms and email accounts, whether owned by, established by, used by, hosted by and accessed by We are Food, and

    2.1.2 all and any Data Subject, who may access and make use of the aforementioned electronic platforms and facilities, including, without detracting from the generality thereof, We are Food’s employees and staff, consumers and customers, vendors, contractors, service providers and/or other third parties.

    2.1.3 all the Personal Information which is owned by We are Food and which is provided to any responsible parties and/or operators as a result of such person accessing or making use of the We are Food’s social media and electronic platforms.

    3. ACCOUNTABILITY

    3.1 We are Food takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.

    3.2 In turn where We are Food provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy. Such operators include but are not limited to payment facilitators, couriers and or any third party required in assisting We are Food’s in operating.

    3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether belonging to We are Food or belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by We are Food to another or received by We are Food as a result of the use of the its electronic platforms and facilities.

    4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

    4.1 By accessing or using We are Food’s electronic platforms and facilities including all websites and URL’s, any sites housed under its domain names, social media platforms, and when sending or receiving emails, text messages and whatsapps, the Data Subject:

    4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions.

    4.1.2 agrees to be bound by this Privacy Policy;

    4.1.3 agrees to comply with this Privacy Policy; and

    4.1.4 gives We are Food consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Policy.

    5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY WE ARE FOOD

    5.1  We are Food will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query, request or order via We are Food electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.

    5.2  On receipt of the query, request or order We are Food will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query, request or order, and which without detracting from the generality thereof may include:

    • for the purposes of providing information, products and services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested.
    • for the purposes of identifying or verifying the Data Subject’s details.
    • for the purposes of research, analytical and statistical purposes.
    • for the purpose of carrying out analysis and consumer profiling.
    • for the purposes of identifying other products and services which might be of interest to the Data Subjects.
    • for the purposes of informing a Data Subject about We are Food’s products and services.
    • for trade application and or purchasing purposes.
    • to enrol the Data Subject as a vendor.
    • for employment application purposes.
    • for the purpose of concluding an employment relationship with an applicant.
    • for the purposes of managing any information pertaining to the Data Subject.
    • for further processing or general administration purposes.
    • for legal or contractual purposes.
    • to help We are Food improve the quality of its products and services.
    • to help We are Food detect and prevent fraud and money laundering.
    • for the purposes of recovering unpaid monies or any other amount due to We are Food.
    • for the purpose of debt collection.

     5.3  In order to correctly handle any request or query, and in order to perform the purposes described above, We are Food may from time to time share a Data Subject’s Personal Information with the following parties:

    • We are Food’s employees, which will only be done on a need-to-know basis;
    • We are Food’s suppliers, which will only be done on a need-to-know basis;
    • We are Food’s carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need-to-know basis; and
    • We are Food’s operators such as service providers and agents who perform services on behalf of We are Food which will only be done on a need-to-know basis and in terms of a We are Food’s operator agreement and or service level agreement.

     5.4  We are Food does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:

    • We are Food is legally obliged to provide such information to another for legal or regulatory purposes;
    • We are Food is required to do so for purposes of existing or future legal proceedings;
    • the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of We are Food’s legitimate interests or that of the Data Subject or a third party;
    • We are Food is involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption,
    • and under all of the above mentioned circumstances, We are Food will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.

    5.5 Where We are Food has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

    6. RECEIPT, USE AND SHARING OF THE DATA SUBJECT’S PERSONAL INFORMATION

    We are Food, on receipt and in response to a query, request or order received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request, query or order and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by We are Food.

    7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

    7.1 Whilst We are Food will make all effort to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his/her or its Personal Information up to date and undertakes to inform We are Food of any changes to his/her and its Personal Information.

    7.2  A Data Subject has a right of access to any Personal Information which We are Food may have and where applicable may ask We are Food to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal request to We are Food which is accessible on Contact Us – We are Food

    8. SECURITY OF PERSONAL DATA

    8.1 We are Food makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however We are Food advises that it cannot guarantee the security of any information provided to We are Food or by We are Food through its website, e-mail, internet or social media sites. Following this We are Food cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond We are Food’s reasonable control.

    8.2  We are Food’s website may contain links to other websites outside of its control. We are Food is not responsible for the content, privacy or security of these other third party-controlled websites.

    8.3 We are Food has placed cookies on its website which makes contact with your device to help make the We are Food social media and electronic platforms website better.

    8.4 We are Food makes use of social plugins of social networks such as Facebook, Instagram, YouTube, LinkedIn, Google and Twitter. Please note that We are Food has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and We are Food can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on the purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.

    8.5 Note that all We are Food social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recorded and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),

    8.6 Subject to the provisions above, We are Food has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and against unauthorised access, accidental or wilful manipulation, loss or destruction.

    9. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS

    9.1 If a Data Subject provides We are Food with Personal Information on behalf of another, We are Food will not be able to process the query, request or order unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.

    9.2 If a Data Subject is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.

    10. CONTACT DETAILS

    You can contact We are Food in relation to this Privacy Policy by writing at info@wearefood.co.za or calling us on 083 779 5612

    11. REVISION OF POLICIES

    We are Food reserves the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the We are Food website.

    Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.