Marchem’s Privacy Policy

Policy date : 25 May 2020

01 | Who we are and what this policy covers

Marchem is a chemical manufacturing facility in Cape Town, South Africa. Since our humble beginnings in 1990, we have developed and manufactured an extensive range of waterbased and plastisol textile printing products, adhesives, cleaning chemistry, print bases, pigments, specialized coatings for a multitude of applications. Our website address is https://marchem.co.za

At Marchem we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://marchem.co.za (the “Website”) in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

02 | Definitions

  • “Company” or “Our” – means Marchem
  • “User” or “You” – means any person accessing any part of our website
  • “Personal Information” – means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Including all addresses – residential, postal and email addresses.
  • “Data” – means any personally identifiable information collected by our Website
  • “Goods” – means physical and/or digital products and services available for purchase on our website
  • “Website” – means the collection of web pages, related content and online store as identified by our single domain name marchem.co.za

03 | Your right to privacy preserved

We take your right to privacy seriously, and will take all reasonable measures to protect it, and want you to feel comfortable using the Website. This Privacy Policy sets out to disclose the Data that may be collected by us on our site. Please note, this Privacy Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.

04 | Contact us

Should you require any further information about our privacy practices, or if you have any questions, wish do withdraw consent, exercise preferences or access or correct your personal information or if you feel obliged to make a complaint, please contact us by e-mail at legal@marchem.co.za or via the numbers/addresses listed on our Website.

Marchem Head Office: 7 Dawn Road, Unit 1, Montague Gardens, Cape Town, WC, 7442, South Africa

05 | What personal Data we collect and why we collect it

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering products/services accordingly. When you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, email address, phone number, and customer payment preference (Marchem does not view, store or process any sensitive banking details – such as but not limited to Credit Card details) . We refer to this information as “Order Information.”

We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information (refer 07 below).

05.01 Order Information – User Account

On choosing to create an User Account, the registration process requires the following but not limited to:-

  • Your name and surname;
  • Your email address;
  • Your physical and billing / delivery address;
  • Your contact telephone number;
  • Company name (if purchasing on behalf of a company).
  • Your acknowledgment and acceptance of the terms of our Privacy Policy and Terms & Conditions of Sale

For users that register on our Website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

05.03 | Correction of your Personal Information

You may choose to provide us with additional Personal Information, in which event you agree to provide accurate and current information, and undertake to not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

You have the right to ask us to update, correct or delete your Personal Information. We will require a copy of your ID document to confirm your identity before making changes to Personal Information we may hold about you. We would appreciate it if you would keep your personal information accurate via your User Account on the Website (if applicable).

05.04 | Use of your Personal Information

We use this Order Information only for the purposes for which it was collected and agreed with you, generally to fulfill any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).

In addition, where necessary your information may be retained for legal or research purposes:

  1. To gather contact information;
  2. Communicate with you;
  3. To confirm and verify your identity or to verify that you are an authorised user for security purposes;
  4. Screen our orders for the detection and prevention of risk, fraud, crime, money laundering or other malpractice;
  5. When in line with the preferences you have shared with us, we may provide you with information or advertising relating to our products or services.
  6. To conduct market or customer satisfaction research or for statistical analysis;
  7. For audit and record keeping purposes;
  8. In connection with legal proceedings.

05.05 | Disclosure of your Personal Information

We may disclose your personal information to our service providers who are involved in the sale, fulfillment and delivery of products or services to you.

We may share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use WooCommerce to power our online store – you can read more about how WooCommerce uses your Personal Information here.

05.05.01

Subject to the above, we will not, without your express consent use your personal information for any other purpose than as set out below:

  1. in relation to the ordering, sale and delivery of Goods;
  2. to contact you regarding current or new Goods or services or any other goods offered by us (unless you have opted out from receiving marketing communications from us);
  3. to inform you of new features, special offers and promotional competitions offered by us from time to time (unless you have opted out from receiving marketing communications from us);
  4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.

Further, we will not, without your express consent disclose your personal information to any third party other than as set out below:

  1. to our Customer Service employees and/or third party service providers who assist us to interact with you via our Website, email, telephonically or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with your properly and efficiently;
  2. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of our Terms and Conditions;

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

05.05.02

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, Marchem 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.

We will ensure that all of our employees, third party service providers, having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

05.05.03

We will:

  1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. provide you with access to your personal information to view and/or update personal details;
  4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

05.05.04

We will not:

  1. retain your personal information longer that the period for which it was originally needed, unless we are required to do so by law, or you have consented to us retaining such information for a longer period;
  2. Marchem undertakes to never sell or make your personal information available to any third party other than as provided for in this policy

05.06 | Disclaimer regarding third parties

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.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Marchem, MARCHEM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

06 | Contact Forms and Click to Chat

Should you contact us via the Contact Form on the Website, the information will blaha a;a;a;a;a;

07 | Comments, reviews and ratings

  1. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
  2. When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. We will not display your Last Name, nor any of your contact details, with a rating or review.
  3. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
  4. If you choose to leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
  5. visitor comments may be checked through an automated spam detection service.

If you do not agree to the above, please do not put any comments, reviews or ratings on the Website.

08 | Cookies and embedded content from other websites

This website makes 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 website operator to improve the functionality of the website 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.

If you leave a comment on our Website you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of clause 05.

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Website.

08.01

Further to the above:

  1. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
  2. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.ave to fill in your details again when you leave another comment. These cookies will last for one year.
  3. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

08.02

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

09 | How long we retain your Data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

09.01 | Dataset retention periods

Where Personal Information is no longer needed for processing, the following Dataset retention periods have been implemented:

  • Inactive accounts – 6 months
  • Pending orders – 14 days
  • Failed orders – 14 days
  • Cancelled orders – 14 days
  • Completed Orders – 5 years minimum

10 | What rights you have over your Data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

We will need a copy of your ID document to confirm your identity before providing details of your personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.   This will be communicated to you at the time of your request for a copy of your Personal Information.

11 | Third Party Service Providers Privacy Policies

11.01 | eCommerce Service Providers

  • Our website and online store is hosted by xneelo – read their Privacy Policy
  • Our online store is built using WordPress – read their Privacy Policy
  • Our online store is powered by WooCommerce – read their Privacy Policy
  • Our online click to chat is hosted by Tidio – read their Privacy Policy
  • Our online payments (Option not available yet)

11.02 | WordPress plugins used to run the online store and website

11.03 | Third Party Websites and embedded content

Articles on the Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Subject to the above:

  1. This Website may contain links or references to other websites “Third Party Websites” which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Marchem is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

12 | Changes to these terms and conditions

  1. Marchem may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

13 | Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out in clause 05 above.

14| Governing law and jurisdiction

  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Marchem, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 12 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Marchem will take appropriate and reasonable measures to ensure the compliance to the following laws and regulations of the Republic of South Africa:

  • Electronic Communications and Transactions Act (ECTA)
  • Protection of Personal Information Act (POPI)
  • Consumer Protection Act (CPA)
  • Promotion of Access to Information Act (PAIA)