This privacy statement sets out how Medicus Shoes (Pty) Ltd, sole distributor of Merrell Footwear and Apparel South Africa uses and protects any personal information that you provide via use of the following website:
2. By visiting our website, communicating electronically with us, and using our products and/or services, you give consent to the processing and transfer of your personal information as set out in this privacy statement.
3. Medicus Shoes (Pty) Ltd is committed to taking reasonable measures to ensure the security and protection of the personal information we process. Should we ask you to provide certain personal information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Medicus Shoes (Pty) Ltd reserves the right to amend the privacy statement at any time, without prior notice, by posting the amended statement on our website.
4. Who we are
Medicus Shoes (Pty) Ltd is a South African footwear and apparel distributor. We are the sole importer and distributor for Merrell Footwear and Apparel in Southern Africa.
5. General Terms
- The Merrell Footwear and Apparel South Africa website is owned and operated by Medicus Shoes (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 1952/001519/07, which has its registered address at 21 Leadwood Crescent, Fairview, Port Elizabeth, 6070.
- In terms of S11 of the Electronic Communications and Transactions Act (ECT) 25 of 2002 and the common law of contract, these terms and conditions are valid, binding, and enforceable against all persons that access the Merrell Footwear and Apparel South Africa website. We may from time-to-time update or change terms without notice. You should check them periodically, as your continued use of the website will mean that you have accepted any revised terms.
- This agreement and the use of this website are governed by the laws of South Africa. Non-residents may use our website to make online purchases provided that the delivery address is in South Africa.
- You may browse or use our website for your own personal, private, educational, non-commercial and information purposes only. No other use is permitted without our prior written consent.
- The unauthorized use, copying, reproduction, variation, modification, or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other website, is strictly prohibited.
- We reserve the right to:
- restrict your use and access to our website or part thereof in the event of any unauthorised use.
- suspend our website or any part thereof.
- terminate your account at any time if we believe that the information supplied by you is false or incomplete.
6. What is personal information
Personal Information according to the Protection of Personal Information Act, means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –
- Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- Information relating to the education or the medical, financial, criminal or employment history of the person;
- Any identifying number, symbol, e-mail address, telephone number, location information, online identifier or other particular assignment to the person;
- The biometric information of the person;
- The personal opinions, views or preferences of the person;
- Correspondence sent by the person that would reveal the contents of the original correspondence;
- The views or opinions of another individual about the person; and
- The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
7. The type of personal information we collect
We currently collect and process the following information:
- Names and surnames
- contact information, including email addresses
- demographic information such as postcode, preferences, and interests
- other information relevant to customer surveys and/or offers
- records of correspondence or enquiries
- details of transactions you may carry out on our platforms
8. How do we obtain personal information
Most of the personal information we process is provided to us directly from you, however, we may also collect information:
- Based on your use of our products, services;
- Based on how you engage or interact with us, such as on social media, and through e-mails, letters, telephone calls, and surveys;
- Use of our website;
- From third parties affiliated with our services;
- From entities within our group of companies.
9. What do we use this personal information for:
We require this information to understand your needs and to provide you with a better service, and for the following reasons:
- Internal record keeping
- Respond to enquiries
- Provide products and services to you
- Improve products and services
- Comply with legal requirements
- Market and promote our products and services
- Safety and security reasons
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax, or mail. We may use the information to customise the website according to your interests. We will, of course, only contact you if you have given us your express permission to do so.
10. When will we process your personal information:
In terms of the Protection of Personal Information Act (POPIA), the justification ground which we base our processing on consist out of the following:
- The data subject or a competent person where the data subject is a child consents to the processing. Kindly note that you have the right to withdraw your consent;
- The processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party;
- The processing complies with an obligation imposed by law on the business;
- The processing protects a legitimate interest of the data subject;
- The processing is necessary for the proper performance of a public law duty by the business;
- The processing is necessary for pursuing the legitimate interests of the business or of a third party to whom the information is supplied.
To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We have taken reasonable steps to put in place appropriate measures to prevent your personal data from being accidently lost, used, or accessed in an unauthorised way, altered or disclosed.
We limit access to your personal information to those employees, agents, and other third parties who have a business need-to-know.
Your personal information will only be processed and used in accordance with this privacy statement.
12. Data retention
- We keep your information while you still have a profile with us, and we need to provide you with products and/or services or where we are legally obligated to do so.
- We will process your information while your profile is still active with us.
- In some instances, we may choose to retain certain information about you after you have closed your profile, by we will do so in a depersonalised form for statistical, historical or research purposes.
- We may keep certain information even after you delete your profile or stopped making use of our products and/or services. If it is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our other user agreements, or fulfil your request to object to our processing of your information.
13. Intellectual Property Rights
- All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons, and hyperlinks are the property of or licensed to Medicus Shoes (Pty) Ltd and as such, is protected from infringement by domestic and international legislation and treaties. All other rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use logos, icons, or trademarks from the website as hyperlinks or for other purposes without Medicus Shoes (Pty) Ltd’s consent.
14. Disclaimer and Limitation of Liability
- Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Medicus Shoes (Pty) Ltd shall not be liable for any damage, loss or liability of any nature incurred by whomever resulting from access or use of our website or the purchase of any of our products. You hereby agree, to the extent permitted by law, to indemnify us against any loss, damage or claim that you may suffer as a result of your use of our website and/or its contents contrary to these terms.
- A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes, by gathering and remembering information about your preferences.
- We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system.
- Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful, and which you do not. A cookie, in no way, gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
16. Links to Other Websites
- Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide, whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
17. Your data protection rights:
- You are entitled to access your personal data by sending a written request to firstname.lastname@example.org. We may charge you a fee for this service.
- You may also request us to correct or supplement any of your personal data which we will undertake as soon as practicable.
- Request the destruction of your personal data. We will consider your request in light of any other laws or regulations prohibiting us from destroying your personal data.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact us at email@example.com if you wish to make a request.
Name: David Palmer / Carla Pommerel
Address: 21 Leadwood Crescent, Fairview Business Park, Port Elizabeth, 6070
Phone Number: 041 484 1645
How to complain:
If you have any concerns about our use of your personal information, you can make a complaint to us at firstname.lastname@example.org
You can also complain to the Information Regulator if you are unhappy with how we have used your Information.
Their contact details are as follows:
The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za