Privacy Statement

 

  1. Introduction

This website is run by MD Trading (Proprietary) Limited t/a JAM Clothing. The right to privacy is an integral human right recognized and protected in the South African Constitution and the Protection of Personal Information Act 4 of 2013 (“POPIA”). Accordingly, our customers’ privacy and trust are extremely important to us! We will ensure that personal information (“information”) is collected and handled in a transparent and lawful manner in alignment with POPIA.

It is important that you read this Statement carefully before submitting any information to JAM Clothing:

  • By submitting any information to JAM Clothing, you provide consent to the processing of your personal information as set out in this Statement.
  • The provisions of this Statement are subject to mandatory laws in South Africa;
  • Please do not submit any information to JAM Clothing if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, JAM Clothing may not be able to provide its products and services to you.
  • Purpose

JAM Clothing offer a wide range of products and services, including but not limited to in-store services, digital offerings, and value-added services. This Statement explains how we use the information we collect from you when you use our products and/or services and by using our products and/or services and/or by providing information to us you agree to the information being processed as set out in this Statement. This Statement also:

  • sets out the types of information that we collect;
  • explains how and why we collect and use your information;
  • explains whom we share your information with; and
  • explains the rights and choices you have when it comes to your information
  • explains how to contact us or the relevant authorities

Some parts of our business may need to collect and use personal information to provide you with their products and services. JAM Clothing website may contain links to websites operated by other organizations that have their own privacy policies. Please make sure you read their terms and conditions and privacy policies carefully before providing any personal information on other websites as we do not accept any responsibility or liability for other organizations.

  • Scope

This policy applies to:

  1. all JAM Clothing employees, contractors, consultants, directors, freelancers;
  2. all JAM Clothing stores; and
  3. all information, computing devices, and network resources used to conduct JAM Clothing business or interact with internal networks and business systems, whether owned or leased by JAM Clothing, the employee, contractor or a third party.

In this Statement, “JAM Clothing”, “us”, “our” or “we” refers to MD Trading t/a JAM Clothing.

  • Legislation and Regulations

This Statement is subject to the laws of the Republic of South Africa in particular POPIA, the Promotion of Access to Information Act, 2000 (PAIA), the Consumer Protection Act, 2008 (“CPA”) as well as other relevant data protection legislation. Any dispute arising will, to the extent permitted by law, first attempted to be settled internally and if this is not possible be referred to the Information Regulator whose details are provided at the end of the statement.

 

ROLE

RESPONSIBILITY

Information Regulator

The Information Regulator Office duties includes providing education, monitor and enforce compliance, handle complaints and facilitate cross-border cooperation in the enforcement of privacy laws

 In the context of this Statement this is the office of individuals appointed by the President of South Africa in terms of POPIA

Information Officer

 An individual who is a director of JAM Clothing and is responsible for ensuring that JAM Clothing comply with the POPI Act

Deputy Information Officer/s

The individual/s who is/are have been delegated responsibilities in driving required activities on behalf of the Information Officer

Data subject

Any natural or juristic person who is identifiable by a name, an ID number, location data, or via factors specific to the person's physical, physiological, genetic, mental, economic, cultural or social identity

In the context of this Statement this is the person (aka consumer or customer) whose information is being processed by JAM Clothing

Responsible Party

The party who determines the purpose of and means for processing personal information and is also responsible for protecting (safeguarding) the information of the data subject

In the context of this Statement this is either JAM Clothing or a business partner (depending on the context)

Operator or Processing Party

The party who processes (collect, receive, record, collate, store, anonymize, retrieve, alter, use, distribute, erase or delete) information for a responsible party in terms of a contractual agreement or mandate on behalf of a Responsible Party

In the context of this Statement this is either JAM Clothing or a business partner

 

  1. Information Collection

To register or make use of JAM Clothing’s online platforms, you are required to provide us with your personal information including but not limited to your name, surname, contact information and other personal details.

You may provide personal information to us either directly or indirectly (through a person acting on your behalf), by completing an “application” form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.

Unless you consent, we usually only collect information that is reasonably necessary for our business functions and activities and related purposes. The type of information we collect and hold, will depend on the purpose for which it is collected and used. We will inform you what information you are required to provide to us and what information is optional. The information we process is typically to provide you with the goods and services you want to buy and help you with any orders and refunds you may ask for, to manage and improve our day-to-day operations, to manage and improve our website and mobile platforms with the aim of improving your customer experience.

We may also collect your personal information from a person acting on your behalf, any regulator, or other third party that may hold such information.

You agree to give accurate and current information about yourself to JAM Clothing and to maintain and update such information when necessary.

 

2.1. Services in Collaboration with business partners

JAM Clothing has various partnerships and we also provide various goods and services. To deliver these goods and services, varying levels of information are required to be processed. When you agree to the JAM Clothing terms and conditions, it allows us to share the relevant information to facilitate the product or service being rendered to you.

Note that for some of our products may require you to provide additional information directly to a business partner of ours. In such instance, JAM Clothing processes this information on the business partner’s behalf and as such the relevant business partner remains responsible for protecting this information, not JAM Clothing. When signing up with one of our business partners, it is important for you to recognize that you are establishing a direct, binding relationship with such a partner under their terms & conditions and related privacy policies and that they would be the responsible party under POPIA.

 

2.2. Persons under 18 years

JAM Clothing do try our best not collect any information of persons (minors) under the age of 18 years without the consent of their parents or guardians. If you are under the age of 18 years, you must not provide any information to JAM Clothing without the consent of your parent or guardian.

2.3. Your Account

When signing up for certain JAM Clothing services, you are required to create a user account. You agree that you will provide accurate information to us and keep it updated, and that you will not create a false identity or an account for anyone other than yourself. It is your responsibility to safeguard your JAM Clothing profile’s username and password. This includes that you make use of a strong password and that you do not intentionally or unintentionally divulge it to anybody else. In the event of someone else using your username and password to make changes to your JAM Clothing profile, you will be held responsible for the changes and the outcome thereof.

If you suspect its misuse or compromise, you must report this to our Customer Care Line at info@jamclothing.co.za as soon as possible.

2.4. Cookies

The JAM Clothing website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personal information, cookies may be tied to such information.

2.5. Closed-Circuit Television (CCTV)

Closed-Circuit Television (CCTV) images are processed, monitored and recorded for the purposes of crime prevention and detection as well as public safety in our stores. CCTV monitoring of public areas will be used exclusively for security and law enforcement purposes, will be conducted in a manner consistent with existing JAM Clothing’s policies and practices and will be limited to uses that do not violate the reasonable expectation of privacy of data subjects. Information collected of data subjects include physical features such as face, gender, race, height, clothing worn at the time and actions at the time. Recorded images will be stored for a period not exceeding 30 days and will then be erased, unless required by law to be retained in an investigation.

  1. Purpose and Use of Information

JAM Clothing may use your information for the purposes for which it was collected or agreed with you to facilitate the provision of our products and services to you, and for purposes which are within reasonable expectations and where permitted by law. The website may collect certain information about your visit, such as the name of the internet service provider and the Internet Protocol (IP) address through which you access the internet; the date and time you access the website; the pages that you access while on the website and the internet address of the website from which you linked directly to our site. This information is used to help improve the website, analyze trends, and administer the website.

 

Examples of information collected from you or other sources and processed by JAM Clothing are detailed below (which is not an exhaustive list) and linked to the purpose thereof.

  • Contact information - to facilitate essential support via communications as well as better customize our offering to you, where you have opted in for such communications, including:
    • In support of facilitating required activities for services and programs i.e.: OTPs, invoices, statements, deliveries, etc;
    • Send information regarding services and programs via direct marketing i.e. new benefits, as well as inform you of promotions or deals;
    • Send or serve you targeted advertising across social media, other digital media platforms and physical post;
    • Contact you where you may have won a competition / draw that you have entered;
    • Request your feedback and opinion in the form of surveys, opinion polls or focus groups, should you wish to participate;
    • Contact you in relation to Customer Care feedback, customer complaints or other feedback you wish to give us where you agree to us contacting you.
  • Inform segmentation or analysis based on your transaction history for use by our internal commercial team as well as vendors / suppliers and business partners to serve relevant content or offers. We may do this for use and disclosure of the de-identified information to determine preferences and shopping patterns.
  • We may also disclose detailed information with our business partners to assist them in marketing products and services as governed by this Statement and the related service’s specific terms and conditions as well as the business partner’s Privacy Policy, Notice or Statements.
  • Share information with 3rd (third) parties as an outsourced function, with the purpose of communicating to you.

We may also use your information for the following reasons:

  • complying with statutory and regulatory requirements in respect of the storage and maintenance of documents and information;
  • complying with valid requests for information, including subject access requests and requests in terms of PAIA;
  • complying with information requests by regulators or bodies lawfully requesting the information (e.g. tax authorities);
  • providing customer service and assessing customer complaints;
  • assisting in law enforcement, fraud investigations, anti-money laundering and counter-terrorist financing initiatives;
  • providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
  • managing your account or relationship and complying with your instructions or requests;
  • detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
  • operational, marketing, auditing, legal and record keeping requirements;
  • complying with applicable laws;
  • recording and/or monitoring of electronic communications to/with JAM Clothing in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
  • conducting market research and providing you with information about JAM Clothing’s products or services from time to time via email, telephone or other means (for example, events);
  • where you have unsubscribed from certain direct marketing communications, ensuring that we do not sent such direct marketing to you again;
  • disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
  • monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from JAM Clothing or any of its employees, agents or contractors;
  • improving or evaluating the effectiveness of JAM Clothing business or products, services or offerings;
  • conducting internal investigations; and
  • prevention and control of any disease.
  1. Direct Marketing and Opting Out

If you are an existing customer, we may communicate with you based on the preferences as selected by you in relation to the relevant product or services you have signed up for. This may include making contact via telephone, email, sms, social media and other channels about products and or services which may be if interest to you.

You may opt-out (free of charge) from receiving future promotional information or direct marketing from JAM Clothing by either contacting our Customer Care Line at info@jamclothing.co.za  or via the unsubscribe link on our email communication as soon as possible.

  1. Retention and Destruction of Information

Information that JAM Clothing collects is kept in a form which permits your identification for no longer than is necessary for the purposes for which it was collected and processed in each specific case, and in any case not longer than as specified by the relevant applicable laws unless we have your consent to process it indefinitely.

JAM Clothing will retain your information after you have closed your account where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our agreement, or fulfil your request to “unsubscribe” from further messages from us.

We may retain de-identified or anonymized information after your account has been closed using techniques that do not permit your re-identification. If none of the afore-mentioned scenarios are required, JAM Clothing will permanently delete (electronic) and shred (paper) after the purpose of collection the information has expired.

  1. Information Protection

JAM Clothing is committed to protecting privacy. All the personal information gathered on our website, stores and offices is used to personally identify users that subscribe to this service and will be kept strictly confidential. The information will not be sold or made available to anyone.

  1. Information Disclosure

Notwithstanding anything to the contrary in this Statement, JAM Clothing reserve the right to disclose any information about you if we are required to do so by law, and if we believe that such action is necessary to:

 

(a) fulfil a government request;

(b) conform with the requirements of the law or legal process;

(c) protect or defend our legal rights or property, our website, or other users; or

(d) in an emergency to protect the health and safety of our website’s users or the general public.

Authorized JAM Clothing employees or agents will have access to some or all your information.

We do use service providers to provide our services and maintain our systems, including but not limited to maintenance, security, analysis, audit, payments, customer service, couriers, marketing and system development. These parties will have access to your information as reasonably necessary to perform these tasks on our behalf (namely role-based access). Where we contract with service providers, and wherever possible, we impose contractual obligations on them to ensure that your information is handled and secured in accordance with law and industry good practice.

  1. Your Right to Access Information

Depending on which product or service you (as the Data Subject) have signed up for, you can update some of your information via our digital channels. Alternatively, your information can be updated via our Customer Care Line at info@jamclothing.co.za .

You have the right:

  • free of charge, to confirm with us whether we hold any information about you;
  • at a prescribed fee, which we will give you a written estimate of,
    •  to request the record of information held by us
    • to request a description of the information held by us, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information
  • to update and correct any out-of-date or incorrect information we hold about you;
  • destroy or delete a record of information of you which we are no longer authorized to retain; and
  • update your communication preferences and / or unsubscribe from communications we may send you.

Before we provide you with access to your information, we may require proof of identity and do checks to verify your identity. We may require up to 21 (twenty-one) days to respond to any requests for information. We may refuse to disclose some information in accordance with PAIA.

If you require JAM Clothing to delete all your information that we have about you, please also contact our Customer Care Line. We may also refuse to delete some of your information if we are required by law to retain it or if we need it to protect our rights.

  1. Information Breach Notification

A security compromise or information breach can be described as a threat to the Confidentiality, Integrity, Availability or Privacy of IT systems and/or information. Such incidents are governed by the JAM Clothing Security Incident Response process which allows us to deal with the compromise/breach and/or loss in an efficient and effective manner. One of the key pillars of this process is keeping all impacted stakeholders informed and updated.

When there are reasonable grounds to believe that your information has been accessed, altered, deleted, or acquired by any unauthorized person, we will notify the Information Regulator and yourself in cases where your identity can be established. This notification will be done in accordance with the provisions of POPIA and as soon as reasonably possible after the discovery of the compromise, considering the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the compromise and to restore the integrity of our systems.

  1. Our Rights

We reserve the right to:

Modify or withdraw the website, with or without notice to you; and/or Change our Privacy Policy from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change.

  1. Contact Us

JAM Clothing Information Officer

If you have questions about this Privacy Statement or wish to exercise your rights in terms of access to, correction, or deletion of your information, please contact us via our Customer Care Line at info@jamclothing.co.za who will attempt to resolve your query.

If unable to, and depending on your situation, our Customer Care operator will explain the process to follow and potentially refer your query to internal subject matter experts.

Our Information Officer contact details are:

Information Officer
Address: 29 Livingstone Road, Durban 4001
Email: info@jamclothing.co.za 

Information Regulator (South Africa)

Should you believe that JAM Clothing has utilized information contrary to applicable law, you undertake to first attempt to resolve any concerns with JAM Clothing. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator of South Africa.

The Information Regulator’s contact details are:

Address: SALU Building, 316 Thabo Shuma Street, Pretoria, Gauteng
Tel: +27 (12) 406 4818
Email: inforeg@justice.gov.za
Website: http://www.justice.gov.za/inforeg/