MYAQUAPONICS (PTY) LTD PRIVACY NOTICE
1. OVERVIEW of MYAQUAPONICS
MYAQUAPONICS (PTY) LTD is a private company in the Republic of South Africa. MYAQUAPONICS is a leading supplier of aquaponics and hydroponics equipment and related advice and customer service. MYAQUAPONICS specialties include , but are not limited to, aquaponics and Hydroponics DIY kits, netpots , rockwool, leca, vermiculite, perlite, cocopeat, aquaiseals, fish tanks , biofilters , uv sterilizers, greenhouses and greenhouse plastics, tilapia fish, fish feed, microgreens trays, hydroponics dosing systems , hydroponic nutrients and fibre glass growbeds, ammonia and nitrate test kits , ph meters and DO oxygen meters. MYAQUAPONICS (PTY) LTD’s legal entity structure can be found on its website at: www.myaquaponics.co.za
2. DEFINITIONS
In this document, references to MYAQUAPONICS (PTY) LTD are to MYAQUAPONICS (PTY) LTD, its subsidiary companies, Strategic Alliance Partners (SAP’s), divisions, segments and business units. Confirmation as t o whether this privacy notice applies to a specific company associated with MYAQUAPONICS (PTY) LTD Limited can be sought through the contact details provided in this privacy notice.
In this notice “process” means how MYAQUAPONICS (PTY) LTD collects, uses, stores, makes available, destroys, updates, discloses, or otherwise deals with customers’ personal information. As a general rule, MYAQUAPONICS (PTY) LTD will only process customers’ personal information if it is required to deliver or offer a solution to a customer. MYAQUAPONICS (PTY) LTD respects customers’ privacy and will treat their personal information confidentially. MYAQUAPONICS (PTY) may combine customers’ personal information and use the combined personal information for any of the purposes stated in this notice.
3. PURPOSE OF THIS NOTICE
Protecting customers’ personal information is important to MYAQUAPONICS (PTY) LTD. To do so, MYAQUAPONICS (PTY) LTD adheres to general principles in accordance with applicable privacy laws.
This privacy notice aims, among other things, to enable its customers to understand how MYAQUAPONICS (PTY) LTD undertakes to collect, use and store their personal information. This notice also outlines customers’ privacy rights and how the law protects customers.
MYAQUAPONICS (PTY) LTD collects personal information about its customers. This includes information customers share with us, information that MYAQUAPONICS (PTY) LTD gathers during the course of the relationship with the customer, as well as information about your marketing preferences.
In terms of applicable privacy laws, this notice may also apply on behalf of other third parties (such as authorised agents and contractors), acting on MYAQUAPONICS (PTY) LTD’s behalf when providing customers with solutions.
MYAQUAPONICS (PTY) LTD may change this notice from time to time if required by law or its business practices. Where the change is material, MYAQUAPONICS (PTY) LTD will notify customers and will allow a reasonable period for customers to raise any objections before the change is made. Please note that the MYAQUAPONICS (PTY) LTD may not be able to continue a relationship with a customer or provide customers with certain solutions if they do not agree to the changes.
The latest version of the notice displayed on MYAQUAPONICS (PTY) LTD’s website will apply to customers’ interactions with the MYAQUAPONICS (PTY) LTD and is available at: www.myaquaponics.co.za .
4. RESPONSIBLE PARTY AND OPERATOR
MYAQUAPONICS (PTY) LTD is the responsible party and it is responsible for determining why and how it will use customers’ personal information.
5. WHAT IS PERSONAL INFORMATION?
Personal information refers to any information that identifies a customer (including juristic entity) or specifically relates to a customer. Personal information includes, but is not limited to, the following information about a customer: contact information; national origin; age; language; date of birth; education; financial information; money management behaviour and needs based on transactions ; gender or sex (for statistical purposes as required by the law); identifying number (e.g. identity number); e-mail address; physical address (e.g. residential address, work address or physical location); telephone number; information about your location (e.g. geolocation or GPS location); online identifiers; social media profiles; race (for statistical purposes as required by the law); personal views, preferences and opinions; confidential correspondence; or another’s views or opinions about a customer and a customer’s name also constitute personal information.
6. PROCESSING CUSTOMERS’ PERSONAL INFORMATION
MYAQUAPONICS (PTY) LTD may process customers’ personal information for the reasons outlined below.
6.1 If it is necessary to conclude a transaction or perform its obligations in accordance with such transaction. This includes: to provide a customer with solutions they have requested; to enable MYAQUAPONICS (PTY) LTD to deliver goods, or notices to customers; to communicate with customers and carry out customer instructions and requests; to respond to customer enquiries and complaints; to enforce and collect on any agreement when a customer is in default or breach of the terms and conditions of any agreement; to disclose and obtain personal information from credit bureaus regarding a customer’s credit history; to meet record-keeping obligations; to conduct market and behavioural research; to enable customers to participate in and make use of value-added solutions; for customer satisfaction surveys, promotional and other competitions; for security and identity verification, and to check the accuracy of customer personal information; or for any other related purposes.
6.2 MYAQUAPONICS (PTY) LTD may process customers’ personal information if the law requires or permits it. This includes: to comply with legislative, regulatory, and compliance requirements (including directives, sanctions and rules); to comply with voluntary and involuntary codes of conduct and industry agreements; to fulfill reporting requirements and information requests; to process payment instruments and payment instructions; to meet record-keeping obligations; to detect, prevent and report theft, fraud, money laundering, corruption and other crimes. This may include the processing of special personal information, such as alleged criminal behaviour or the supply of false, misleading or dishonest information when concluding a transaction with the MYAQUAPONICS (PTY) LTD, or avoiding liability by way of deception, to the extent allowable under applicable privacy laws.
6.3 Legitimate interest - MYAQUAPONICS (PTY) LTD may process customers’ personal information in the daily management of its business and finances and to protect its customers, employees, service providers and assets. It is to MYAQUAPONICS (PTY) LTD’s benefit to ensure that its procedures, policies and systems operate efficiently and effectively. MYAQUAPONICS (PTY) LTD may process customers’ personal information to provide them with the most appropriate solutions and to develop and improve solutions and MYAQUAPONICS (PTY) LTD’s business. MYAQUAPONICS (PTY) LTD may process a customer’s personal information if it is required to protect or pursue their, MYAQUAPONICS (PTY) LTD’s or a third party’s legitimate interest.
If a customer is a juristic person, such as a company or close corporation, MYAQUAPONICS (PTY) LTD may collect and use personal information relating to the juristic person’s directors, officers, employees, beneficial owners, partners, shareholders, members, authorised signatories, representatives, agents, payers, payees, customers, guarantors.
If customers provide the personal information of a related person to MYAQUAPONICS (PTY) LTD, they warrant that the related person is aware that they are sharing their personal information with MYAQUAPONICS (PTY) LTD, and that the related person has consented thereto.
MYAQUAPONICS (PTY) LTD will process the personal information of related persons as stated in this notice, thus references to “customer/s” in this notice will include related persons with the necessary amendments
7. WHEN, AND FROM WHERE, DOES MYAQUAPONICS (PTY) LTD OBTAIN PERSONAL INFORMATION ABOUT CUSTOMERS?
We collect information about customers: directly from customers; based on customers’ use of MYAQUAPONICS (PTY) LTD solutions or service channels (such as the MYAQUAPONICS (PTY) LTD website, applications, including both assisted and unassisted customer interactions) as applicable; based on how customers engage or interact with MYAQUAPONICS (PTY) LTD, such as on social media, and through emails, letters, telephone calls and surveys; based on a customer’s relationship with MYAQUAPONICS (PTY) LTD; from public sources (such as company registers, online search engines, public posts on social media); from technology, such as a customer’s access and use including both assisted and unassisted interactions (e.g. on the MYAQUAPONICS (PTY) LTD’s website and/or mobile applications) in order to access and engage with the MYAQUAPONICS (PTY) LTD’s platforms; customers’ engagement with MYAQUAPONICS (PTY) LTD advertising, marketing and public messaging; and from third parties that MYAQUAPONICS (PTY) LTD interacts with for the purposes of conducting its business (such as partners, reward partners, list providers).
In amplification to the above, if a member of the public interacts with the MYAQUAPONICS website and enters their details into the appropriate website forms which request personal information from said member of the public, they directly grant MYAQUAPONICS permission to possess such personal information and to process it accordingly by inter alia allowing MYAQUAPONICS to deliver and/electronically transmit marketing material to them in any manner.
MYAQUAPONICS (PTY) LTD collects and processes customers’ personal information at the start of, and for the duration of their relationship with the MYAQUAPONICS (PTY) LTD. MYAQUAPONICS (PTY) LTD may also process customers’ personal information when their relationship with the MYAQUAPONICS (PTY) LTD has ended, as required by law.
MYAQUAPONICS (PTY) LTD may also collect customers’ personal information from third parties (which may include parties with whom MYAQUAPONICS (PTY) LTD engages with as independent responsible parties, joint responsible parties or operators), these third parties may include, but are not limited to, the following: people the customer has authorised to share their personal information; payment processing services providers, merchants, MYAQUAPONICS (PTY) LTDs and other persons that assist with the processing of customers’ payment instructions, such as bank card scheme providers (including VISA or MasterCard); law enforcement and fraud prevention agencies; regulatory authorities; the MYAQUAPONICS (PTY) LTD’s service providers, agents and subcontractors, such as couriers and other persons the MYAQUAPONICS (PTY) LTD uses to offer and provide solutions to customers; participating partners, whether retail or online; MYAQUAPONICS (PTY) LTD’s joint venture partners; marketing list providers; social media platforms; or online search engine providers.
8. REASONS WHY MYAQUAPONICS (PTY) LTD MAY FURTHER USE OR PROCESS CUSTOMERS’ PERSONAL INFORMATION
At the time that MYAQUAPONICS (PTY) LTD collects personal information from a customer, it will have a reason or purpose to collect that personal information. In certain circumstances, however, MYAQUAPONICS (PTY) LTD may use that same personal information for other purposes. MYAQUAPONICS (PTY) LTD will only do this where the law allows it to, and the other purposes are compatible with the original purpose/s applicable when MYAQUAPONICS (PTY) LTD collected the customer’s personal information. MYAQUAPONICS (PTY) LTD may also need to request a customer’s specific consent for the further processing in limited circumstances.
MYAQUAPONICS (PTY) LTD may also further use or process a customer’s personal information if: the personal information about the customer was obtained from a public record; the customer made the personal information public, like on social media; the personal information is used for historical, statistical or research purposes, the results of which will not identify the customer; it is in the interest of national security; if MYAQUAPONICS (PTY) LTD must adhere to the law, specifically tax legislation; or the Information Regulator has exempted the processing. MYAQUAPONICS (PTY) LTD may also further use or process a customer’s personal information if the customer has consented to it or in the instance of a child; a competent person has consented to it. Any enquiries about the further processing of customer personal information can be made through the MYAQUAPONICS (PTY) LTD’s Information Officer, contact details as set out in this document below.
9. THE USE OF CUSTOMERS’ PERSONAL INFORMATION FOR MARKETING
MYAQUAPONICS (PTY) LTD will use customers’ personal information to market products, services and other related MYAQUAPONICS (PTY) LTD services and solutions to them. MYAQUAPONICS (PTY) LTD will do this in person, by post, telephone, or electronic channels such as SMS, Automated Voice Messages and email. If a person is not a MYAQUAPONICS (PTY) LTD customer, or in any other instances where the law requires, MYAQUAPONICS (PTY) LTD will only market to them by electronic communications with their consent. In all cases, a person can request MYAQUAPONICS (PTY) LTD to stop sending marketing communications to them at any time.
10. WHEN WILL MYAQUAPONICS (PTY) LTD PROCESS CUSTOMERS’ PERSONAL INFORMATION IN A MANUAL, AND/OR MECHANICAL AND/OR ELECTRONIC AND/OR AUTOMATED MANNER IN ORDER TO MAKE DECISIONS ABOUT THEM?
MYAQUAPONICS (PTY) LTD may process a customer’s personal information in a manual, mechanical, electronic and/or automated manner in order to make decisions pertaining to them; as allowed by the law. This will apply in circumstances where MYAQUAPONICS (PTY) LTD has lawful access to a customer’s personal information due to previous interactions or previous behaviour from said customer or from any circumstances and/or scenarios as set out above. Such interactions, behaviour and/or scenarios will have the result that the customer has expressly or by tacit implication allowed MYAQUAPONICS (PTY) LTD to analyze and process the customer’s personal information and to make contact with said customer when certain circumstances arise, such as: new to market scenarios or any circumstances that are directly related to the customer’s previous concluded transactions. An example of such analysis and processing is the offering of any product or service to the customer or the offering to a customer of a comparative MYAQUAPONICS related product or service, or the offering of any product or service to said customer based on processing of said customer’s personal information. Customers have the right to query any such processing decisions, and MYAQUAPONICS (PTY) LTD will provide reasons for the processing decisions as far as reasonably possible.
11. WHEN, HOW, AND WITH WHOM DOES MYAQUAPONICS (PTY) LTD SHARE CUSTOMERS’ PERSONAL INFORMATION?
In general, MYAQUAPONICS (PTY) LTD will only share customers’ personal information if any one or more of the following apply: if the customer has consented to this; if it is necessary to conclude or perform under a contract we have with the customer; if the law requires it; or if it is necessary to protect or pursue the customer’s, MYAQUAPONICS (PTY) LTD’s or a third party’s legitimate interest.
Where required, each member of MYAQUAPONICS (PTY) LTD may share a customer’s personal information with the following persons, which may include parties that MYAQUAPONICS (PTY) LTD engages with as independent responsible parties, joint responsible parties or operators. These persons have an obligation to keep customers’ personal information secure and confidential: members of MYAQUAPONICS (PTY) LTD, any connected companies, subsidiary companies, associates, cessionaries, delegates, assignees, affiliates or successors in title and/or appointed third parties (such as its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this notice; MYAQUAPONICS (PTY) LTD’s employees, as required by their employment conditions; people the customer has authorised to obtain their personal information, such as a person that places an order on the customer’s behalf; payment processing services providers, merchants, and other persons that assist with the processing of customer payment instructions, such as card scheme providers (including VISA or MasterCard and BigCommerce); law enforcement and fraud prevention agencies; regulatory authorities, and other persons the law requires MYAQUAPONICS (PTY) LTD to share customer personal information with; our service providers, agents and subcontractors.
12. CUSTOMERS’ DUTIES AND RIGHTS REGARDING THE PERSONAL INFORMATION MYAQUAPONICS (PTY) LTD HAS ABOUT THEM
Customers must provide MYAQUAPONICS (PTY) LTD with proof of identity when enforcing the rights below. Customers must inform the MYAQUAPONICS (PTY) LTD when their personal information changes, as soon as possible after the change.
12.1 Right to Access: Customers have the right to request access to the personal information MYAQUAPONICS (PTY) LTD has about them by contacting MYAQUAPONICS (PTY) LTD. This includes requesting: confirmation that MYAQUAPONICS (PTY) LTD holds the customer’s personal information; a copy or description of the record containing the customer’s personal information; and the identity or categories of third parties who have had access to the customer’s personal information.
MYAQUAPONICS (PTY) LTD will attend to requests for access to personal information within a reasonable time. Customers may be required to pay a reasonable fee to receive copies or descriptions of records, or information. MYAQUAPONICS (PTY) LTD will inform customers of the fee before attending to their request.
Customers should note that the law may limit their right to access to information.
Please refer to Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 for further information on how customers can give effect to this right.
12.2 Right to correction, deletion or destruction: Customers have the right to request MYAQUAPONICS (PTY) LTD to correct, delete or destroy the personal information it has about them if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully, or if MYAQUAPONICS (PTY) LTD is no longer authorised to keep it.
MYAQUAPONICS (PTY) LTD will take reasonable steps to determine if the personal information is correct and make any correction needed. It may take a reasonable time for the change to reflect on the MYAQUAPONICS (PTY) LTD’s platform/systems. MYAQUAPONICS (PTY) LTD may request documents from the customer to verify the change in personal information.
A specific agreement that a customer has entered into with MYAQUAPONICS (PTY) LTD may determine how the customer must change their personal information provided at the time when they entered into the specific agreement. Customers must adhere to these requirements.
If the law requires MYAQUAPONICS (PTY) LTD to keep the personal information, it will not be deleted or destroyed upon the customer’s request. The deletion or destruction of certain personal information may lead to the termination of a customer’s business relationship with MYAQUAPONICS (PTY) LTD.
12.3 Right to objection: Customers may object on reasonable grounds to the processing of their personal information where the processing is not in their legitimate interest, MYAQUAPONICS (PTY) LTD’s legitimate interest or in the legitimate interest of another party.
Customers must inform MYAQUAPONICS (PTY) LTD of their objection. MYAQUAPONICS (PTY) LTD will not be able to give effect to the customer’s objection if the processing of their personal information was and is permitted by law, the customer has provided consent to the processing and MYAQUAPONICS (PTY) LTD processing was conducted in line with their consent; or the processing is necessary to conclude or perform under a contract with the customer.
MYAQUAPONICS (PTY) LTD will also not be able to give effect to a customer’s objection if the objection is not based upon reasonable grounds and substantiated with appropriate evidence.
MYAQUAPONICS (PTY) LTD will provide customers with feedback regarding their objections.
12.4 Right to withdraw consent: Where a customer has provided their consent for the processing of their personal information, the customer may withdraw their consent. If they withdraw their consent, MYAQUAPONICS (PTY) LTD will explain the consequences to the customer. If a customer withdraws their consent, MYAQUAPONICS (PTY) LTD may not be able to provide any services to the customer. MYAQUAPONICS (PTY) LTD will inform the customer if this is the case. MYAQUAPONICS (PTY) LTD may proceed to process customers’ personal information, even if they have withdrawn their consent, if the law permits or requires it.
12.5 Right to complain: Customers have a right to file a complaint with MYAQUAPONICS (PTY) LTD or any regulator with jurisdiction (customers can contact the Information Regulator) about an alleged contravention of the protection of their personal information. MYAQUAPONICS (PTY) LTD will address customer complaints as far as possible.
The contact details of the Information Regulator are provided below.
Physical Address: Information Regulator
33 Hoofd Street Forum III,
3rd Floor Braampark, P.O Box 31533,Braamfontein
Johannesburg 2017
Website: www.justice.gov.za/inforeg
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za
13. HOW MYAQUAPONICS (PTY) LTD SECURES CUSTOMERS’ PERSONAL INFORMATION
MYAQUAPONICS (PTY) LTD will take appropriate and reasonable technical and organisational steps to protect customers’ personal information in line with industry best practices. MYAQUAPONICS (PTY) LTD’s security measures, including physical, technological and procedural safeguards, will be appropriate and reasonable. This includes the following: keeping MYAQUAPONICS (PTY) LTD systems secure (such as monitoring access and usage); storing MYAQUAPONICS (PTY) LTD records securely; controlling the access to MYAQUAPONICS (PTY) LTD premises, systems and/or records; and safely destroying or deleting records.
14. HOW LONG DOES THE MYAQUAPONICS (PTY) LTD KEEP CUSTOMERS’ PERSONAL INFORMATION?
MYAQUAPONICS (PTY) LTD will keep customers’ personal information for as long as: the law requires the MYAQUAPONICS (PTY) LTD to keep it; a contract between the customer and the MYAQUAPONICS (PTY) LTD requires MYAQUAPONICS (PTY) LTD to keep it; the customer has consented to MYAQUAPONICS (PTY) LTD to keeping it; MYAQUAPONICS (PTY) LTD is required to keep it to achieve the purposes listed in this privacy compliance notice; MYAQUAPONICS (PTY) LTD requires it for statistical or research purposes; a code of conduct requires MYAQUAPONICS (PTY) LTD to keep it; and/or MYAQUAPONICS (PTY) LTD requires it for lawful business purposes.
Furthermore to the above; MYAQUAPONICS (PTY) LTD may keep customers’ personal information even if they no longer have a relationship with MYAQUAPONICS (PTY) LTD or even if they request MYAQUAPONICS (PTY) LTD to delete or destroy it, if the law permits or requires such information to be kept by MYAQUAPONICS (PTY) LTD.
15. COOKIES
A cookie is a small piece of data that is sent (usually in the form of a text file) from a website, mobile application to the user’s device, such as a computer, smartphone or tablet. The purpose of a cookie is to provide a reliable mechanism to “remember” user behaviour (keeping track of previous actions), e.g. remembering the contents of an online user’s query, and actions that the user performed whilst accessing or browsing when not signed up or logged into any online account platform owned by MYAQUAPONICS (PTY) LTD.
MYAQUAPONICS (PTY) LTD does not necessarily know the identity of the user of the device but could see the behaviour recorded on the device.
Cookies could, however, be used to identify the device and, if the device is linked to a specific user the user would also be identifiable. For example, a device or cellular MSISD Nnumber registered on a website.
By using MYAQUAPONICS (PTY) LTD websites or applications, customers agree that cookies may be forwarded from the relevant website or application to their computer or device. The cookie will enable MYAQUAPONICS (PTY) LTD to know that a customer has visited a website or application before and will identify the customer. MYAQUAPONICS (PTY) LTD may also use the cookie to prevent fraud.
Privacy Compliance and Policy Document Dated June 2021
By authority: MYAQUAPONICS (PTY) LTD
Registration Number:2013/058997/07
Physical Address: 13 Tennyson Ave, Bedfordview, Johannesburg, 2007