Branded Workwear is the responsible party for the Personal Information described in this Policy, as that term is used in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
In this Policy, “We”, “Us” and “Our” mean Branded Workwear. “You” and “Your” mean the person whose Personal Information is processed, including a customer, a person who requests a Quote, and a visitor to the Website. “Order”, “Quote”, “Goods” and “Artwork” carry the meanings given to them in the Terms and Conditions.
This Policy applies to the Website, to Orders placed online, to Quote requests, to branding carried out on Your Artwork, and to contact by telephone, WhatsApp, email and in person at Our premises.
Information collected
Information You provide
- Name, business or organisation name, and position where supplied.
- Telephone number, mobile number, WhatsApp number and email address.
- Delivery address, collection instructions and the name of the person who will receive the Order.
- Order and Quote details, being the Goods selected, colours, sizes, quantities and branding method (embroidery, screen print, digital transfer or laser engraving).
- Artwork, logo files, brand colour references and written or digital proof approvals.
- Name lists supplied for personalised branding, where individual names are applied to garments.
- Correspondence, including emails, WhatsApp messages, notes of telephone calls, and records of queries, returns and warranty claims.
- Payment records for an Order, being the amount, the date and whether payment was taken in cash or by card.
Information collected automatically
- IP address, browser type, device type and operating system.
- Pages viewed on the Website, time spent on a page and the referring website.
- Cookie identifiers and similar identifiers set through Your browser.
Information not collected
Special Personal Information as defined in section 26 of POPIA is not collected. Card numbers, card expiry dates and card verification values are not received or stored by Branded Workwear. The Website is not directed at children, and Personal Information of a child is processed only with the consent of a competent person.
How information is collected
Personal Information is collected directly from You when You place an Order on the Website, request a Quote, send Artwork for a mockup, approve a proof, telephone or send a WhatsApp message to the numbers listed below, send an email, or collect an Order from the uMhlanga premises by arrangement.
Personal Information is collected from another person where a colleague, employer or agent places an Order on Your behalf, and where a courier records the name of the person who receives an Order at the delivery address.
The technical information listed above is collected through the Website, through server logs and through cookies, each time the Website is used.
Purpose of processing
Personal Information is processed for the following purposes:
- Preparing a written Quote and a branded mockup.
- Recording written acceptance of a Quote and approval of Artwork before production of branded Goods begins.
- Producing the Order, applying branding to the Goods and checking the Goods against the approved proof.
- Arranging delivery by courier and confirming lead times on Artwork approval.
- Arranging collection from the uMhlanga premises by arrangement.
- Taking payment on delivery in cash or by card.
- Dealing with inspection and refusal of Goods at delivery under section 19 of the Consumer Protection Act 68 of 2008, reports of transit damage, returns, and claims under section 56 of that Act.
- Answering queries, complaints and requests about an Order.
- Keeping accounting, tax and transaction records as required by law.
- Sending direct marketing where permitted under the section below.
- Protecting the Website against fraud, misuse and unauthorised access.
Lawful basis for processing
Each processing activity is carried out on one or more of the grounds set out in section 11 of POPIA:
- Performance of a contract, for Quotes, Orders, Artwork approval, branding, delivery, collection, payment on delivery, returns and warranty claims.
- Compliance with an obligation imposed by law, for accounting and tax records and for lawful requests from a regulator, a court or a law enforcement agency.
- Consent, for electronic direct marketing to a person who is not an existing customer, and for cookies that are not strictly necessary.
- Legitimate interests, for securing the Website, preventing fraud, recovering amounts owing and defending legal claims.
Who information is shared with
Personal Information is shared only where the recipient needs it for a purpose set out above. Personal Information is not sold, rented or licensed to any third party.
- Courier companies and delivery drivers receive Your name, delivery address, contact number and Order reference, so that the Order can be delivered and payment taken on delivery.
- Payment providers process card payments taken on delivery through the card device. The payment provider receives the card details entered on the device, and Branded Workwear receives confirmation that the payment succeeded or failed.
- Website hosting and analytics providers process Website data on Our instruction, including server logs and the technical information listed above.
- Accountants, auditors and attorneys receive Personal Information where it is needed for the service they render.
- The South African Revenue Service, the Information Regulator, a court or another authority receives Personal Information where disclosure is required by law.
An operator that processes Personal Information on Our behalf is required to process it only on Our instruction, to keep it confidential, and to apply security measures, in terms of sections 20 and 21 of POPIA.
Cross-border transfers
Website hosting, email and analytics services may store or process Personal Information on servers outside the Republic of South Africa.
A transfer of that kind takes place only where one of the conditions in section 72 of POPIA is met, being that the recipient is subject to a law, binding corporate rules or a binding agreement that upholds principles for the lawful processing of Personal Information substantially similar to those in POPIA, that You have consented to the transfer, that the transfer is necessary for the performance of a contract with You, or that the transfer is for Your benefit and consent cannot reasonably be obtained. A transfer is limited to the Personal Information the service requires.
Security
Technical and organisational measures are in place to protect Personal Information against loss, damage, unauthorised access and unlawful processing, in terms of section 19 of POPIA. Access to Order records, Artwork and contact details is limited to staff who need it for their work. Accounts and devices used to process Orders are password protected. Correspondence sent by email and WhatsApp travels over networks operated by other parties and is not under Our control.
Where there are reasonable grounds to believe that Personal Information has been accessed or acquired by an unauthorised person, the Information Regulator and, where the affected person can be identified, that person will be notified in terms of section 22 of POPIA.
How long information is kept
Personal Information is not kept for longer than is necessary for the purpose for which it was collected, unless retention is required or permitted by law.
- Order, Quote, delivery and payment records are kept for the period required by South African tax and accounting law, and for as long as a claim arising from the Order may be brought.
- Order records are kept so that a cancellation within the cooling-off period under section 44 of the Electronic Communications and Transactions Act 25 of 2002 on unbranded stock Goods, a cancellation under section 46 of that Act where Goods are not delivered within 30 (thirty) days of the agreed date, or a claim under section 56 of the Consumer Protection Act 68 of 2008, can be dealt with.
- Artwork and approved proofs are kept after an Order so that a repeat Order can be produced from the same approved proof. Deletion of Artwork may be requested in writing.
- Quote requests that do not proceed to an Order are kept for the period needed to answer a follow-up enquiry, and are then deleted.
- Marketing contact details are kept until You opt out. A record of the opt-out is kept so that no further marketing is sent.
- Website analytics data is kept in aggregated form.
Your rights as a data subject
You hold the following rights in terms of POPIA:
- To be told whether Personal Information about You is held, and to request the record or a description of it, in terms of section 23 of POPIA read with the Promotion of Access to Information Act 2 of 2000.
- To request correction, deletion or destruction of Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully, in terms of section 24 of POPIA.
- To object to processing on reasonable grounds, on the form prescribed under POPIA, in terms of section 11(3) of POPIA.
- To withdraw consent where processing is based on consent. Withdrawal does not affect processing carried out before it.
- To object at any time to processing for direct marketing.
- Not to be subject to a decision that affects You to a substantial degree and is based solely on automated processing, in terms of section 71 of POPIA. Decisions of that kind are not made about You.
- To lodge a complaint with the Information Regulator, and to institute civil proceedings in terms of section 99 of POPIA.
A request under this section is to be made in writing to the email address or the postal address below. Proof of identity is required before a request is answered, and a request made on behalf of another person requires proof of authority. Access requests are dealt with within the periods prescribed by the Promotion of Access to Information Act 2 of 2000, and the prescribed fee may be payable for access to a record. No fee is charged for correction, deletion or an objection.
Direct marketing and opt-out
Electronic direct marketing by email, SMS or WhatsApp is sent to a person who is not an existing customer only with that person’s consent, requested on the form prescribed under section 69 of POPIA. A request for consent is sent once.
Where You are an existing customer, marketing about Our own similar Goods is sent only where Your contact details were obtained in the course of an Order or a Quote, and every message carries a means of opting out.
Direct marketing is stopped by using the unsubscribe link in an email, by replying STOP to a marketing message sent by WhatsApp or SMS, or by sending a request to info@brandedworkwear.co.za. A pre-emptive block on direct marketing may also be registered in terms of section 11 of the Consumer Protection Act 68 of 2008.
Messages about an Order in progress, including proof approvals, lead times, delivery arrangements and payment, are not direct marketing and continue to be sent after an opt-out.
Cookies
The Website uses cookies, being small text files placed on Your device by Your browser.
- Strictly necessary cookies hold a session open, retain the contents of an Order and support security.
- Preference cookies record choices such as a selected size or colour, so that the choice does not have to be entered again.
- Analytics cookies count visits, record which pages are viewed and show where visitors arrive from. The results are used in aggregated form.
Cookies are blocked or deleted through Your browser settings. Blocking strictly necessary cookies stops parts of the Website from working, including the online Order form. Analytics providers may set cookies that involve a transfer described under cross-border transfers above.
Complaints to the Information Regulator
A complaint about the processing of Your Personal Information may be sent to Branded Workwear at info@brandedworkwear.co.za. A complaint may also be lodged directly with the Information Regulator on the prescribed complaint form, whether or not it has first been raised with Branded Workwear.
Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg
Email: complaints.IR@justice.gov.za
Changes to this Policy
This Policy is amended when processing activities or the law change. The version published on the Website applies from the date on which it is published, and applies to Personal Information held on that date.
How to contact Us about Your information
Requests, objections, opt-outs, deletion requests and questions about this Policy are to be sent to:
Branded Workwear
69 Meridian Drive, Prestondale, uMhlanga, 4319, KwaZulu-Natal, South Africa
Telephone: 031 577 1131
WhatsApp: 081 391 4224
Email: info@brandedworkwear.co.za
Hours: 08:00 to 17:00, Monday to Friday
