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Privacy Policy

1. INTRODUCTION

1.1. The website available at www.mosego.com (the “Website”) is published by Mosego (Proprietary) Limited, a company incorporated in terms of the laws of the Republic of South Africa, which has its registered office at 486 Theuns van Niekerk street, Centurion, SOUTH AFRICA (hereinafter “Mosego”, “We” or “Us”).

1.2. Mosego places the highest priority on protecting the privacy and personal information of its users.

2. OVERVIEW

2.1. The purpose of this personal information protection and Cookies policy (the “Privacy Policy”) is to inform you, as customers and visitors to our Website (“You”) about how We process the personal information that We collect when You access, use, and place orders through the Website, and about your rights in relation to the protection of your personal information.

2.2. By accessing or using the Website, You hereby expressly consent to the collecting and processing of your personal information by Us, which permission shall extend only to the collecting and processing of your personal information for the purposes set out in this Privacy Policy, unless otherwise communicated to You. You may revoke this consent in writing at any time by sending an email to data@mosego.co.za, provided that Mosego shall have the right to prevent your access to and the use of the Website should You decide to revoke such consent.

2.3. Mosego will not collect or process your personal information for any purpose other than the purposes disclosed in this Privacy Policy, unless We are given your express written consent to do so, or unless We are permitted or required to do so by law. Mosego will at all times remain responsible for determining the purposes and means for processing your personal information and will disclose such purposes to You to the extent that it has not done so in this Privacy Policy.

2.4. By accessing or using the Website, You are deemed to have provided your express written consent to the sharing of your personal information by Us (strictly for the purposes as disclosed to You), as well as the sharing of your personal information with trusted third parties who assist Mosego in operating the Website, carrying out our operations, conducting our business or servicing You, including without limitation, our service providers, persons who act as our agents or to whom Mosego has transferred or proposes to transfer any of its rights in relation to You, so long as those parties agree to keep this information confidential and adhere to our privacy policies.

2.5. You hereby acknowledge that you have read this Privacy Policy and understand and accept the consequences of the consents with respect to your personal information given by You by accessing and using the Website, and that You give such consents voluntarily and without any undue influence from Us.

2.6. All defined terms used in this Privacy Policy have the meanings ascribed to them in Clause 4 below, unless otherwise defined in this Privacy Policy, and these words will begin with a capital letter.

3. MODIFICATION OF THIS PRIVACY POLICY

3.1. Mosego may change, modify, add to, or remove from portions or the whole of the Privacy Policy from time to time. Changes to the Privacy Policy will become effective upon such changes being posted to the Website. Please check this page regularly to ensure that You agree with any changes or updates. Your continued use of the Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this Privacy Policy, including any such changes or updates.

4. DEFINITIONS

4.1. The headnotes to the clauses of this Privacy Policy are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify this Privacy Policy nor any clause of this Privacy Policy.

4.2. Unless the context dictates otherwise, the words and expressions set out below shall bear the following meanings and similar expressions shall bear corresponding meanings:

  • 4.2.1. “Cookie(s)” means a text file that may be stored in a dedicated location on the hard drive of your Device (computer, tablet, smartphone, etc.) when You visit the Website. A cookie enables the originator (Us or our service providers – specifically Google Analytics) to identify and recognize the terminal in which it is stored, throughout the cookie’s validity or storage period, each time You reconnect to the Website;
  • 4.2.2. “Data Controller” means the entity/entities that determine the purposes and means of the processing of your personal information and is responsible to You for compliance with data protection laws and regulations;
  • 4.2.3. “Device” shall mean the device used by You to sign in for and access the Website, such as a computer, laptop, smartphone or tablet or similar device;
  • 4.2.4. “Effective Date” shall mean the date upon which You access, use, place orders through or subscribe to the Website;
  • 4.2.5. “Parties” shall mean Mosego and You, and “Party” shall, as the context requires, be a reference to any one of them as the context dictates;
  • 4.2.6. “Personal Information” refers to any information or pieces of information that could identify You either directly (e.g., your name, surname) or indirectly (e.g., through pseudonymized data, such as a unique ID number). This means that Personal Information includes information such as: email, home address, purchase history, personal preferences, and shopping habits. It may also include unique identifiers like order reference, client number, your Device’s IP address or your Device’s MAC address, or information regarding your navigation on our Website;
  • 4.2.7. “Privacy Policy” shall mean this agreement;
  • 4.2.8. “Process” shall mean any operation or activity, whether automated or not, concerning Personal Information, including, without limitation, collection of, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking as well as blocking, degradation, erasure or destruction of information, and “Processing” will have a corresponding meaning;
  • 4.2.9. “Terms and Conditions” shall mean the terms and conditions of use of the Website available here;
  • 4.2.10. “Website” shall mean the website located at www.mosego.com, which includes any other internet-based platform of Mosego, to which the Terms and Conditions and this Privacy Policy are linked and through which You have access to our products and services.

4.3. Unless inconsistent with the context or save where the contrary is expressly indicated:

  • 4.3.1. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause, effect shall be given to it as if it were a substantive provision of this Privacy Policy;
  • 4.3.2. Any reference in this Privacy Policy to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time; and
  • 4.3.3. Any reference in this Privacy Policy to the Privacy Policy or Terms and Conditions of the Website or any other terms and conditions or document shall be construed as a reference to this Privacy Policy or the Website’s Terms and Conditions or, as the case may be, such other privacy policy or Website terms and conditions or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.

5. WEBSITE MANAGEMENT

5.1. As regards to the Website management, Mosego (whose contact information is provided below) acts as the Data Controller.

5.2. In the specific context of handling your Orders, please be aware that certain of Mosego’s service providers that receive your personal information may act as Data Controllers: this is specifically the case for parcel delivery services (e.g., The Courier Guy) and service providers that handle payment and fraud management (e.g. Yoco).

6. HOW DO WE COLLECT YOUR PERSONAL INFORMATION

6.1. We collect your personal information as follows:

  • Directly from You when You use our Website and our services (completion of various forms on the Website, placement of an Order, direct communication with Us or our customer service department, etc.);
  • Automatically when You access or use the Website (cookies, technical details, browsing information, etc.); and
  • Indirectly from third parties (third-party data providers, business partners, social media, etc.).

7. WHAT PERSONAL INFORMATION DO WE COLLECT

7.1. Mosego collects several types of personal information about You:

7.2. Personal Information that We collect directly from You

7.2.1. We collect personal information that You provide directly when You use our Website and our services.

7.2.2. This is specifically the case when You:

  • Create an online account and subscribe to the Website, it being understood that You do not need to create an account to place an Order,
  • Place an Order,
  • Request that We call You, or when You interact with Us through our customer service department,
  • Register to receive our emails and newsletters,
  • Take part in any sweepstakes, competition, promotion or survey,
  • Interact with Us through third-party social media,
  • Request customer support,
  • Apply for a job,
  • Interact with Us in any other circumstance

8. PURPOSES FOR COLLECTING AND PROCESSING OF PERSONAL INFORMATION

8.1. In accordance with current personal information and data protection laws and regulations, We only collect Personal Information when We have a legal basis to do so.

8.2. Personal Information is collected either:

  • based on your consent,
  • as part of the performance of a contract,
  • in our legitimate interest, or
  • to meet our legal obligations.

(i) We collect Personal Information based on your consent, for the following purposes:

  • To create your customer account, it being understood that You do not need to create an account to place an Order.
  • To manage your requests and queries (other than related to an Order): We use your Personal Information to send You the information You request and to process instructions or requests by You.
  • To show you customized adverts and offers tailored to your interests on our Website, using targeting cookies and other information collected about You. In this way, the ads and offers directed to You will be based on a review of your profile, your preferences, and habits inferred from your browsing patterns on our Website and our business partners’ websites.
  • To communicate and send You commercial and marketing solicitations: We may use your Personal Information to propose new products and special offers to You, invite You to private events, and send You our newsletters.
  • To recruit new members of staff and assess their suitability for a role.

(ii) We collect Personal Information based on the performance of a contract, for the following purposes:

  • To process your Order: We use your Personal Information to manage the purchase, delivery, and invoicing of the products You order.
  • To handle any request You may have in relation to your Order as part of our after-sale services.
  • To manage your participation in any competitions that We may organize and to award You any prize won in this context.

(iii) We collect Personal Information based on our legitimate interest, for the following purposes:

  • To measure and improve the performance of our Website: We use performance cookies to count visits and traffic sources. This helps Us to know which pages are the most and least popular and see how visitors move around the Website. This way, We can also measure the effectiveness of our advertising and promotional campaigns to improve their relevance and effectiveness. Most information collected by these cookies is aggregated and therefore anonymous.
  • To customize your experience and ease your use of our Website: We use customization cookies and other Personal Information to build your profile. In this way, the Website’s appearance will be adapted to your preferences and habits inferred from your browsing patterns on our Website or on our business partners’ websites. We can aggregate your Personal Information collected from the various devices that You use to navigate on the Website, as well as any Personal Information collected in our stores, to gain a better understanding of your tastes and preferences.
  • To measure and improve the performance of our newsletters: We use performance cookies to measure opening and clicks of the newsletters We sent to You to improve their relevance and effectiveness.
  • To communicate with You about your account or our relationship (for example, to ask You for feedback/to perform surveys, or inform You about changes to the Website or this Privacy Policy, along with any service updates).
  • To prevent payment frauds and ensure the validity of payments We receive.
  • To prevent acts of infringement or illicit resell to ensure the security of our assets and products.
  • To defend our interests in the event of a dispute or court action.

(iv) We collect Personal Information based on legal obligations, for the purpose of complying with applicable laws:

  • In this respect, We store transaction history and any other commercial documents for legal and administrative reasons (accountability, tax, legal or commercial warranties, insurance, audit, etc.).

9. DISCLOSURE OF PERSONAL INFORMATION

9.1. Your Personal Information is processed by Mosego for the purposes described above and is only accessible to Mosego personnel who need to know it to perform their duties.

9.2. You have the option of remaining anonymous when dealing with Us in relation to a particular matter or not disclosing Personal Information to us. However, this may mean that We will not be able to provide our services and product offerings to You.

9.3. Mosego may disclose your Personal Information to entities that assist Us in delivering our services and providing our products to You, such as our business associates, contractors, agents, or service providers. These third parties may change from time to time. Some examples include technology and internet service providers, data storage providers, digital mail providers who send communications on our behalf, and their implementation partners. Where it is necessary for Personal Information to be provided to a third party in connection with the provision of a service to Us, we will take reasonable steps within our power to prevent the unauthorized use or disclosure of the Personal Information.

9.4. Certain third parties may also have access to your Personal Information, specifically:

  • Our subcontractors and service providers acting for technical and logistical reasons (logistics specialists, carriers, Website hosting and maintenance providers, payment and fraud management service providers, technical service providers responsible for sending e-mails and newsletters, customer service center, etc.).
  • Social media: when You use social media buttons, Personal Information related to your identification is automatically sent to these social media. You may also share certain information or content from our Website on social media. Please consult the social media’s terms of use which govern this issue.
  • Any third-party company in the event of Mosego’s restructuring, which may acquire all or part of Mosego or merge with our company.
  • Any authority, court, or other third party when disclosure is required by law, regulations, or a judicial decision, or if such disclosure is necessary to protect and defend our rights.

9.5. Mosego may also disclose your Personal Information under the following circumstances:

  • When You have consented to such disclosure.
  • When You would reasonably expect Us to use or disclose your Personal Information in a certain way.
  • When authorized or required to do so by a court or under applicable laws or regulations (for example, a subpoena) or where requested by a government agency.
  • Where We consider or suspect that a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware.
  • To appropriate persons, where your communication suggests possible harm to You or others.
  • When disclosure is reasonably necessary for a law enforcement-related activity.

10. SECURITY OF YOUR PERSONAL INFORMATION

10.1. We take the security of your Personal Information seriously and use reasonable organizational, technical, and administrative measures to protect Personal Information under our control, including security measures to prevent Personal Information from being accidentally lost, used, or accessed in an unauthorized way.

10.2. We will notify You and any applicable regulator of a suspected data security breach where We are legally required to do so.

11. RETENTION OF PERSONAL INFORMATION

11.1. We will retain your Personal Information only for as long as necessary to fulfill the purposes for which We collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

11.2. To determine the appropriate retention period for Personal Information, We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which We process your Personal Information, and whether We can achieve those purposes through other means, and the applicable legal requirements.

12. YOUR RIGHTS

12.1. Under certain circumstances, by law You have the right to:

  • Request access to your Personal Information (commonly known as a “data subject access request”). This enables You to receive a copy of the Personal Information We hold about You and to check that We are lawfully processing it.
  • Request correction of the Personal Information that We hold about You. This enables You to have any incomplete or inaccurate information We hold about You corrected.
  • Request erasure of your Personal Information. This enables You to ask Us to delete or remove Personal Information where there is no good reason for Us continuing to process it. You also have the right to ask Us to delete or remove your Personal Information where You have exercised your right to object to processing (see below).
  • Object to processing of your Personal Information where We are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes You want to object to processing on this ground. You also have the right to object where We are processing your Personal Information for direct marketing purposes.
  • Request the restriction of processing of your Personal Information. This enables You to ask Us to suspend the processing of Personal Information about You, for example, if You want Us to establish its accuracy or the reason for processing

13. HOW LONG DO WE STORE YOUR PERSONAL INFORMATION? 

13.1. Personal Information is stored as long as required for the purpose for which it was collected and, in any case, will be destroyed at the end of such period.

13.2. In general, your Personal Information is stored for the entire term of our relationship, then for a 3-year period following termination of our relationship (which typically corresponds to the date of your last Order via the Website, the date your customer account is closed or the date of our last contact with You). The Personal Information is then either (i) archived when necessary for accounting or documentation purposes for the applicable statutory limitation period (generally up to 10 years) then destroyed or anonymised once the limitation periods have expired or (ii) if there is no archive, immediately deleted or anonymised.

13.3. By way of exception, We may store your Personal Information for shorter or longer periods.

14. INFORMATION QUALITY

13.1. Mosego takes reasonably practicable measures to ensure that your Personal Information held by Us is at all times complete, accurate and updated.

14.2. You have the right to access your Personal Information and request correction of Your Personal Information should it be inaccurate. You also have the right to request that the Personal Information in our possession be completed. If You want to access or wish to complete, update or correct any of your Personal Information held by Us, You can send an email to Us at the following email address: data@mosego.co.za.

14.3. To respond to your request, We may ask You to provide Us with a proof of identity. We may also need to ask You for additional information or supporting documents to respond to your request. We will make every effort to respond to your request as soon as possible.

14.4. You may, to the extent provided for by law, exercise your right to Personal Information portability which allows You to retrieve, in an interoperable format, the Personal Information that You provided to Us.

15. RIGHT TO DELETION OF YOUR PERSONAL INFORMATION AND TO LIMITATION OF THE PROCESSING OF YOUR PERSONAL INFORMATION

15.1. You may request the deletion of your Personal Information if:

  • You believe that our Processing of your Personal Information is no longer necessary for the purposes of the services subscribed for or your use of the Website, or it is no longer needed for the purposes described in this Privacy Policy, or its storage is unlawful,
  • You withdrew your consent to the Processing of your Personal Information (see above),
  • You object to the Processing of your Personal Information for reasons relating to your personal circumstances,
  • You object to the use of your Personal Information for commercial solicitation purposes or profiling,
  • Your Personal Information was collected online when You were a minor.

15.2. Alternatively, to the extent provided for by law, You may request limitation of the Processing of your Personal Information.

15.3. Please note that despite the exercise of your right to the deletion or Processing limitation, We will store some of your Personal Information when the law requires or authorises Us to do so, when We have a legitimate reason to do so (for example, to prove performance of a contract) or to exercise or defend our rights in court. For example, if We consider that You have violated our general Terms and Conditions of Use or our General Terms and Conditions of Sale.

15.4. If You already have a customer account, You may exercise your right to access, rectification, and/or deletion of your Personal Information by accessing your account.

15.5. In all other cases, You may contact Us directly at data@mosego.co.za.

15.6. When the Processing of your Personal Information is based on your consent (e.g., subscription to the newsletter, sending electronic commercial solicitations, the use of Cookies and similar technologies on the Website), You may withdraw your consent at any time without justification. This right can be exercised by changing your options regarding commercial solicitation and subscriptions to our newsletters, and by withdrawing your consent to the use of cookies in accordance with the procedure set forth in the cookies section below.

15.7. For any questions related to your rights and the Processing of your Personal Information, please contact Us at data@mosego.co.za.

16. SECURITY OF PERSONAL INFORMATION

16.1. Mosego takes all reasonable steps to protect your Personal Information from loss of, damage to, unauthorized use of, misuse, or alteration of your Personal Information. The Personal Information will be stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

16.2. As a protection measure, when signing up on the Website or registering for/subscribing to the Website, You will be given a user name and password which You must always keep confidential and ensure that it is not disclosed to anyone.

16.3. Under written agreements, Mosego requires its service providers and processors to provide safeguards and implement sufficient security measures to protect the Personal Information they have agreed to Process, in accordance with applicable requirements under personal information and data protection laws.

16.4. Notwithstanding the above, You acknowledge that no security measures are 100% effective and that We cannot guarantee the security of your Personal Information. Mosego expressly disclaims any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your Personal Information or usage of information.

16.5. In the event of a data breach involving a loss of, unauthorized access to, or misuse of your Personal Information, We will report such breach to you and any relevant authority as required by law.

16.6. Mosego does not control all risks related to the operation of the internet and draws your attention to the inherent risks of using any website.

17. PROTECTION OF MINORS

17.1. Our Website is not intended for children. We do not knowingly collect information about children, unless it is permitted by law.

17.2. You must be at least 18 years of age to share your Personal Information with Us. If We are notified that a minor under 18 years of age has submitted Personal Information to Us, We reserve the right to immediately delete such Personal Information and any associated account.

17.3. If You are more than 18 but less than the legal age of consent in your country, You hereby recognize and warrant that You have your parents’ or legal guardian’s consent to use this Website and provide your Personal Information to Us.

18. THIRD PARTY LINKS AND SERVICES

18.1. In order to manage our advertising on third-party sites and online services and to measure and improve our ads and marketing efforts, We may work with third-party ad companies, ad exchanges, channel partners, measurement services, and ad networks. These third parties may use cookies, web beacons, or other tracking technologies to collect information about your use of the Website and your activities across other websites and online services, which they may associate with cookies and persistent identifiers, in order to provide You with more relevant advertising or other content on our Website and other websites or services, and to measure the performance of such advertising. Their activities and your choices regarding their use of your information are subject to and set out in their own policies.

18.2. We may disclose certain information (such as your email address) to third parties – such as Facebook, Instagram, etc. ; so that we can better target our ads and content on these third parties’ platforms or networks to others persons with whom You share similar interests.

18.3. Occasionally, at Mosego’s discretion, it may include references to or facilitate access to products offered or services rendered by third-party service providers and provide links to the sites of third parties on the Website. There may thus be links to third-party websites or services that We do not control, and which are governed by their own confidentiality and personal information and data protection policies (such as social media). This Privacy Policy does not apply to third-party websites. Please review the confidentiality and personal information and data protection policies of the third-party websites that You visit to understand how they Process your Personal Information. Mosego shall not be liable for any use of your Personal Information by any third parties.

19. DIRECT MARKETING

19.1. By accessing the Website, You provide your express written consent to Mosego to send promotional and marketing material directly to You, including, without limitation, information about products, services, and special offers from Us or other companies that may interest You, based on your Personal Information collected by Us. Mosego will do this by email, text message, or through any form of messaging system or functionality available on the Website, which provides a direct line of communication between Us and You, such as a mail dashboard, or similar functionality. If You decide that you do not want Us to do this, You can unsubscribe from the mailing list by e.g., clicking ‘unsubscribe’ and following the prompts, or by replying ‘stop’ to an SMS.

19.2. You acknowledge that You provide the above consent voluntarily and without any undue influence from Mosego.

20. NO LIABILITIES AND INDEMNITY

20.1. You hereby acknowledge and understand that You provide your Personal Information to Us entirely at your own risk.

20.2. Notwithstanding anything to the contrary contained in this Privacy Policy, Mosego shall have no liability, and You indemnify Us and hold Mosego harmless for any loss, damage, cost, claim, or penalty of whatsoever nature, including but not limited to any direct, indirect, and consequential damages and loss of profits, however arising out of or in connection with this Privacy Policy and Mosego’s use of your Personal Information.

20.3. You run the risk by virtue of this clause that if You suffer any damage or losses of any nature or kind in relation to the use of your Personal Information, You will not be able to hold Mosego liable for any such damage or losses.

21. GOVERNING LAW

21.1. The entire provisions of this Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of South Africa. 

22. GENERAL

22.1. This document contains the entire agreement between the Parties regarding the subject matter of this Privacy Policy.

22.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise, or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.

22.3. No extension of time or waiver or relaxation of any of the provisions or terms of this Privacy Policy shall operate as an estoppel against a Party in respect of its rights under this Privacy Policy.

22.4. No failure by any Party to enforce any provision of this Privacy Policy shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

22.5. If any term or provision of this Privacy Policy should be invalid, unenforceable, defective, or illegal for any reason whatsoever, then the remaining terms and provisions of the Privacy Policy shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect, or illegality goes to the root of the Privacy Policy.

23. NOTICES

23.1. Mosego chooses the address referred to in this clause below as the address where any legal document or notice must be served or delivered to us:

  • Address: 486 Theuns van Niekerk Street, Rooihuiskraal Noord, Centurion, Gauteng 0157
  • Email address: data@mosego.co.za

23.2. Mosego shall send any legal documents or notices to You at the email address provided by You upon registration for the Website or through any form of messaging system or functionality available on the Website, which provides a direct line of communication between Us and You, such as a mail dashboard, or similar functionality.

23.3. Mosego may send any other written communication to your email address, cell phone number by SMS, or through the aforementioned messaging system or similar functionality.

24. QUESTIONS AND INFORMATION

24.1. For any questions concerning this Privacy Policy or for any information, requests, queries, or complaints regarding your Personal Information, please contact Us any time at the following address: data@mosego.co.za

This Privacy Policy was last updated on 23 May 2024.

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Thank you for trusting Mosego with your Personal Information. We are committed to protecting your privacy and ensuring that your data is secure.