Last Updated on 30 June 2020
In some circumstances, Pushcart is the “responsible party” (as defined in POPI) and is responsible for your personal information (collectively referred to as “we”, “us” or “our” in this Policy) in instances where we decide the processing operations concerning your personal information.
Sometimes we also operate as an “operator” (as defined in POPI) of personal information on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. The terms "user", “you", “data subject” and “your” are used interchangeably in this Policy and refer to all persons accessing the Platform or engaging with Pushcart for any reason whatsoever.
We have appointed a data representative at Pushcart who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.
Our full details are:
You have the right to make a complaint at any time to the South African data regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
Should you decide to register with or function as a user on the Platform and/or use any Pushcart Services, you thereby expressly consent to, and opt-in to Pushcart collecting, collating, processing, and using the following types of information about you when you use the Platform (“personal information”):
Should your personal information change, please update it yourself by using the Platform or inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Pushcart will, however, not be able to update any personal information of yours attained from another responsible party, where should you want to update same, you must approach the relevant responsible party to do so. Pushcart is under no obligation to ensure that your personal information or other information supplied by you is correct.
We do not process the personal information of children when a data subject user is below the age of 18 (eighteen). Do not provide us with any such information, where same is considered a material breach of these Terms.
You warrant that the personal information disclosed to Pushcart is directly from you as the user on the Platform or in connection to the Services, and all such personal information is lawfully yours to provide. You also warrant that any personal information provided to us from a third-party responsible party, was attained from you lawfully and provided to us with your express consent to the relevant responsible party to do so.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
We will process your personal information in the following circumstances: when you contract with us for products and/or Services from us online or over the phone/email;
when you register for our newsletter or request for a quote;
when you have been in contact with one of our sales representatives or account managers during presentations, trade shows, exhibitions, conferences or roadshows;
when you contact us or we contact you to take part in surveys;
when you contact our customer service team, live at tradeshows and events, online or over the phone; and/or
when you engage with us on social media (by mentioning/tagging us or by contacting us directly).
Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Platform and/or our Services, and you have expressly consented to this by using our Website and/or Services, but we will not, without your express consent:
We are entitled to use or disclose your 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 us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Pushcart 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.
Your use of the Platform and/or any of our Services constitutes your explicit opt-in consent to our processing of your personal information. Further, we also rely on our contractual arrangements with you as the lawful basis on which we collect and process your personal information when you make an order for products and Services. Alternatively, in some cases, we rely on our legitimate interests as a business (for example, to measure customer satisfaction and troubleshoot customer issues). Where we rely on our legitimate interests, we will always make sure that we balance these interests against your rights.
Subject to the other provisions in this Policy, the following constitutes our reasons for processing your personal information:
We may share your personal information within the Pushcart group of companies and this may involve transferring and processing your data outside of South Africa.
Whenever we transfer your personal information out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We 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 your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Pushcart’s in relation to your personal information.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with Pushcart. As such, we may retain your personal information in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your 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 or fraud.
The Platform may make 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 we 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 Platform operator to improve the functionality of the Platform and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you.
The user is entitled to request access to any relevant personal information held by Pushcart and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal information held by any third-party responsible party, the user must approach that responsible party for the realisation of the user’s personal information rights with them, and not with Pushcart.
Under POPI, you have rights in relation to your personal information. Please contact us to find out more about, or manifest, these rights:
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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.
We try to respond to all legitimate requests within one week. Occasionally it may take us longer than a week 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.
Users with citizenships from jurisdictions other than of South Africa, please note that Pushcart complies with all South African data protection laws when processing your personal information pursuant to the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Platform in any way, including how we may process your personal information, please contact Pushcart at email@example.com who will gladly engage you on its application and your rights.
Users acknowledge that any content provided by users on the Platform, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Pushcart.
Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
By accepting this Policy, you have opted-in to receive emails from Pushcart, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
You have the right to opt-out of receiving email communication by following the directions posted on every email communication or by emailing firstname.lastname@example.org and asking to not be contacted from then on.
Pushcart will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Pushcart, its affiliates or the public. Pushcart may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
Circumstances may arise where, whether for strategic or other business reasons, Pushcart decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Pushcart’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to this Policy.
Pushcart strives to keep the user’s personal information accurately recorded. Pushcart provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, transfer or deletion, as applicable. Please contact email@example.com to engage Pushcart on such actions or requests.