“Agreement” means this agreement and any annexure thereto.
"Moments Store / Service Provider" refers to Moments Store (PTY) LTD, a private company duly incorporated in terms of the company laws of South Africa, (hereinafter referred to as “Moments Store”, “Our”, “Us”), with its principal place of business at 600 Louis Botha Rd, 2nd Floor, Corlett City, Bramley, 2196.
“Moments Store Web Platform” means any website, digital service or mobile application capable of capturing, storing and processing in general the Personal Information of the Client, who utilises the Services and Products available on the website, as offered by Moments Store, the Service Provider;
“Confidential Information” means any information which is confidential and/or proprietary to the Party disclosing such information (“disclosing party) to the Party receiving same (“receiving party”), including but not limited to Personal Information, reports, pricing structures and any other proprietary and confidential information, trade secrets, business methods, any information of a Party’s business, in whatever form including but not limited to all micro graphic and other reproductions of the written word, depictions and pictorial material, and all audio visual and machine-readable;
“ECTA” means Electronic Communications and Transactions Act No. 25 of 2002, as amended.
“Intellectual Property” means any and all know-how, trademarks, and copyright, including the rights in computer software and Confidential Information that are proprietary to a Party.
“Client, User / You” means you, the Party who uses any of the products and services offered by Mervis Brothers as the Service Provider, or any contracted 3rd party service providers.
“Party/ies” means either Moments Store or the Client, or both, as the context indicates.
“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
“POPI” means the Protection of Personal Information Act No. 4 of 2013, as amended.
“Services” means the provision of the various services, products and functionalities offered on the Moments Store Platform and rendered by the Service Provider and dependent on the service agreement.
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
2. Use of Information
3. When does Moments Store collect your Personal Information?
Moments Store collects Personal Information when you:
• visit the Moments Store Platform or any of our Websites.
• register on the Moments Store Platform or any of our Websites.
• subscribe to our newsletters.
• participate in special operations, competitions, product tests, customers surveys or market researches.
• contact Moments Store, when you submit a request or a complaint or when you rate or review our services offered.
• give consent to a service provider to send Moments Store personal information about you.
4. What Personal Information does Moments Store collect about you?
Moments Store considers all information that could identify you directly or indirectly as personal information.
Moments Store may mainly collect the following personal information:
• information about your identity your gender, last name, first names, address, telephone number, email addresses, date of birth or age.
• information about our commercial relationship transaction numbers, history of your purchases, your request or your communications with us or any service provider, your preferences and interests.
• technical information your IP address or information about how your device navigates through our websites.
5. Why is your Personal Information collected?
Personal information may be processed mainly for the following purposes:
• The Moments Store Platform administration.
• Customer Relationship Management (CRM) (loyalty program, newsletters, promotions, product testing, surveys, etc.), the processing of which is made subject to your approval.
• Market analysis and timing (profiling based on your purchasing behavior, preferences and interests, analyses while navigating through the Website, statistics, reporting, etc.). This processing is made subject to your approval.
• When appropriate, for purposes of prevention and fraud detection.
• Managing your request (complaints, right to access, rectify, oppose and removal of Personal Information, etc.).
6. What we do with the information you share?
When you engage with us, you provide us with your contact information, including your name and email address. We use this information to send you updates about any order or work request, questionnaires to measure your satisfaction with our services and may present information relating to additional services that we offer.
Moments Store will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
• Conform to the edicts of the law or comply with legal process served on Moments Store or any of the websites.
• Protect and defend the rights or property of Moments Store and its family of Websites, and,
• Act in urgent circumstances to protect the personal safety of Customers of Moments Store, its Websites, or the public.
7. Does Moments Store disclose your Personal Information?
Moments Store will never share your Personal Information with third parties for marketing purposes.
The Personal Information we are collecting about you are intended for Moments Store and may be communicated to a Service Provider chosen for their expertise and reliability and acting on Our behalf and at Our direction (IT providers, customer service, delivery, etc.).
Moments Store authorizes these Service Providers to use your Personal Information only to the extent necessary to perform the Services or to comply with legal requirements and we strive to ensure that your Personal Information is always protected.
These third parties will be in South Africa and if outside the territory, such country shall comply with section 72 of POPI to ensure that the Personal Information is afforded the same level of data protection as in South Africa. In such a case, we will ensure either:
• to obtain your unambiguous consent to share your Personal Information with these third parties.
• to enter into appropriate data transfer agreements conforming in full compliance with POPI.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
Finally, we may also transmit your Personal Information to local authorities if required by POPI or other legislation or as part of an investigation and in accordance with local regulations and Moments Store shall endeavour to inform the Client of such request.
8. How will Moments Store protect your personal information?
Moments Store endeavours to take the appropriate technical and organisational measures, in relation to the nature of data and risks, to preserve the security and confidentiality of your Personal Information and, in particular, to prevent it from being deformed, damaged or transmitted to any unauthorised parties. Strong measures are in place to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorised access or disclosure, alteration, or destruction. When you access your personal account information, you are utilising secure server software SSL, which encrypts your personal information before it is sent over the Internet. SSL is one of the safest encryption technologies available.
This may include practices such as retaining your Personal Information on a secure server protected by a firewall, the transmission of sensitive information (such as medical information) using a secure encryption protocol (Protocol SSL), internal reviews of our practices and privacy policies and implementation of physical security measures to protect against unauthorised access.
Moments Store strictly protects the security of your personal information and honours your choices for its intended use. We carefully protect your data from loss, misuse, unauthorised access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in South Africa or any other country where Moments Store, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others. Be sure to choose a strong password that is not easy to guess and keep it safe.
9. For how long is your Personal Information kept?
As a rule:
• Your data will be kept for three years from the date of collection or after the last contact or the end of the commercial relationship, unless opposed by the Client. At the end of this three-year period, we may contact you again in order to find out whether you wish to continue to receive communication. If no clear positive answer is given by you, your data will be deleted or archived in accordance with POPI.
• Data to prove a right or a contract or if kept under compliance with a legal obligation can be archived in accordance with the provisions in force.
10. What are your rights regarding your Personal Information and how to contact us?
If you consent and provide Us with your email address, phone number or mailing address, you may receive emails, calls or periodic messages from us about our products, services or upcoming events. You can unsubscribe at any time from our mailing lists by contacting Us at the address below or by following the link "unsubscribe" contained in each of our emails. You can also change your preferences at any time in your account.
In accordance with the provisions in force, you have the right to access, rectify, limit, oppose and delete personal information about you. You can also withdraw your consent at any time.
You will be informed of the actions to be taken as soon as possible and in any case no later than one month after your request. However, we reserve the right not to respond to manifestly unfounded or excessive requests.
In accordance with the provisions in force, you can also file a complaint with the Information Regulator at email: email@example.com or lodge an appeal if your Personal Information is misused.
11. Problems or question
12. What is the policy about minors?
Our Websites are not aimed at minors.
Moments Store does not knowingly collect nor process Personal Information from persons under the age of Eighteen (18).
As soon as we acquire knowledge of the collection of Personal Information from any minors without prior authorisation from that minor’s parent or legal guardian, we will take appropriate measures to delete all such Personal Information from our servers.
13. Cookies and Applets
14. IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
15. Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
16. Links to other sites
We provide links to websites outside of our websites, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to these websites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Website and its privacy statement.
1. What is SPAM?
We define spam as any email sent to a recipient that has not given their direct permission to be emailed. In other words, your recipients must have given you their permission to be contacted by you, and they should never be surprised to receive it. If they have not heard of the company that is emailing them, it’s spam. Moments Store has a strict opt-in only policy.
Moments Store does not sell or provide email list or databases. Moments Store does not allow the sending of bulk unsolicited commercial emails (SPAM). We have measures in place to check and stop such messages. Abuse of the bulk messaging service can result in your account being suspended or closed and can result in a fine being levied against you depending on the severity of abuse, and damages incurred by Moments Store. You are liable for the repercussions of any misconduct, please read our full legal terms and conditions.
All aspects related to our software development and compliance in terms of the various aspects of bulk marketing is governed by the Electronic Communications and Transaction Act, the Consumer Protection Act, the Protection of Personal Information Act and the CAN-SPAM Act. Moments Store acknowledges that it conforms to all the provisions contained within these specific pieces of legislation.
3. What kind of email addresses are acceptable for use on the Moments Store Bulk Mailing System?
You can send to any recipient that has clearly given you their permission to be emailed about your products/services. They could give you permission by:
• A newsletter subscribe form on your website.
• An opt-in check box on a form that states that they will be marketed to. This check box cannot be selected by default, the person filling in the form must select it themselves in order to indicate permission.
• Completing a physical form like a survey or entering a competition and having a check box on that form that says you will be contacting them via email/SMS. Again, only if they check that box does it indicate permission.
• Purchasing from you in the last two years.
• Giving you their details on a business card - but only if they give you their permission to add them to your list. For example, if they added their business card to a box at a tradeshow, there must be a sign that states they will be marketed to if they add their card.
You may be asked to provide evidence of the recipient’s opt-in and show that they have given you permission.
4. What kind of email addresses may not be used on the Moments Store Bulk Mailing System?
Any recipient that is not expecting your email or has not heard of the company sending to them will see the email as spam. Email addresses that fall into the below categories below are not allowed on Moments Store:
• You do not have explicit, provable permission to bulk market to that person in relation to the topic you are emailing them about.
• You purchased, rented, borrowed or otherwise obtained the email addresses via a third-party.
• You scraped or ‘copy and pasted’ email addresses from websites.
• You have not contacted them in the last two years.
5. How will Moments Store know that you do not have permission?
We have several methods in place to approve campaigns and check campaign performance, here is a few of them:
• Our system is integrated with the Spam Reporting Systems for large Email Providers like Outlook.com and Gmail. If someone marks your campaign as spam, we receive a report of it. If you have a high enough complaint rate, you will receive a warning or, depending on the severity, your account will be locked.
• We verify all databases that are over a certain size through a compliance checking process.
• We monitor blacklists and abuse accounts 24/7 and will be able to pick up which account is getting complaints or causing delivery issues very quickly.
6. Why is Moments Store so strict on SPAM?
Firstly, it is a technical issue; we need to protect the reputation of our IP addresses in order to ensure good deliverability. Bulk unsolicited emails result in spam complaints from recipients. To oversimplify the issue for the sake of clarity, spam complaints tend to hang around and contribute to our server’s ranking on various spam filters and mail server rules all over the world. We need those mail servers and spam filters to accept the mass emails that we send on behalf of our clients. So, we must follow the rules and not send junk mail. In the long run this is good for you (if you are our client) as you can be sure of maximum deliverability of your email messages.
Secondly, emailing people without their permission just does not make a lot of sense. Your recipient does not know who you are or is not interested in what you are sending, they will think you are a spammer. Do not waste your time emailing people that do not want to hear from you, it is not a good idea and it will damage your reputation.
7. Unacceptable Spam Offences
Moments Store reserves the right to suspend accounts and or recover any losses suffered as a result of unacceptable spamming behaviour. Spamming offences include any of the following:
1. A recipient of a campaign complains directly or indirectly to our abuse department that the said email is unsolicited.
2. The failed delivery count for any individual campaign is above twenty percent of the total amount of messages sent in that campaign.
3. The total unsubscribe count is greater than ten percent of the total amount of messages sent in that campaign.
4. You are unable to provide clear and concise proof of the permission given to you by your recipients.
Points A, B, C and D in this section are deemed to be actions which exhibit non-compliance with the Moments Store anti-spam policy and referred to as spam offences. Moments Store reserves the right to take appropriate action against any Customer Account that exhibits unacceptable spamming behaviour. The figures mentioned above are far more than the average numbers that can reasonably be expected from any legitimate opt-in email marketing campaign.
8. Subscriber Opt-In Records
In compliance with the South African Electronic Communications and Transactions Act, 21 of 2002 each email address or mobile phone number that the Customer uploads to Moments Store must have documented record of where the email address or mobile phone number was obtained from. This means the Customer must keep a record of when and how each subscriber opted in. This information must be made available on request within four working days of the request being issued.
9. Ispa Take Down Procedure
We nominate ISPA as our agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act. Internet Service Providers' Association.
(ISPA) Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
This Spam Policy forms part of your Agreement with us and your Services may be suspended or terminated for breach of this Spam Policy in accordance with the Terms and Conditions. You are responsible for violations of this policy by you or anyone using your account, whether authorised by you or not. If you have any questions, please contact us at firstname.lastname@example.org.