MONTAGU WINE CELLAR
AGRICULTURAL CO-OPERATIVE LIMITED
(GROUP OF ENTITIES INCORPORATED IN THE REPUBLIC OF SOUTH AFRICA)
HEREINAFTER REFERRED TO AS ‘MONTAGU’
1 JULY 2021
READ THIS POLICY CAREFULLY BEFORE COMMUNICATING WITH MONTAGU, BROWSING ITS WEBSITES & OTHER ELECTRONIC PLATFORMS OR USING ANY OF THE SERVICES OR PRODUCTS OFFERED BY MONTAGU. YOUR CONTINUED COMMUNICATION WITH MONTAGU OR THE USE OF ITS WEBSITES AND PLATFORMS INDICATE THAT YOU HAVE BOTH READ AND CONSENT TO THE TERMS OF THIS POLICY. DO NOT COMMUNICATE WITH MONTAGU OR USE ITS WEBSITES OR ELECTRONIC PLATFORMS IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO ANYONE WHO COMMUNICATE WITH MONTAGU, UNLESS A PARTICULAR SECTION EXPRESSLY STATES OTHERWISE.
Montagu subscribes to the principles for processing personal information contained in POPIA and the auxiliary legislation referred to therein. We endeavour to ensure the quality, accuracy, security and confidentiality of Personal Information in our possession.
2. INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings as defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account if applicable, means a unique account created for You to access our Services and Products or any part or aspect thereof;
Biometric information means information obtained through a technique of personal identification that is based on physical, physiological or behavioural characterisation, including blood-typing, fingerprinting, DNA analysis, retinal scanning and voice recognition.
Co-operative Montagu Wine Cellar Agricultural Co-operative Limited (also referred to ‘Montagu’), together with all Associated Affiliates, as set out in Schedule 1, from 1 Cinsaut Street, Montagu, 6720, Western Cape, Republic of South Africa that may be contacted as set out in Section 3;
Cookies are small files that are placed on your computer, mobile device or any other device used to access our Websites or other Electronic Platforms, containing the details of your browsing history on that particular Website or Electronic Platforms;
Country refers to the Republic of South Africa;
CCTV Policy Montagu’s CCTV policy attached hereto, marked Schedule 2.
Data Subject means the person to whom personal information relates.
Device means a device that is used to access our Services or Products through or Websites or other Electronic Platforms or that is used to communicate with us, such as a computer, a cell phone or a digital tablet;
Personal information means information relating to an identifiable, living, natural person and, where applicable, an identifiable, existing juristic person, including but not limited to —
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature, or further correspondence that would reveal the contents of the original correspondence;
(g) he views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person, or if the disclosure of the name itself would reveal information about the person.
POPIA refers to the Protection of Personal Information Act, No. 4 of 2013, as may be amended from time to time;
Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including —
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use thereof;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.
Record means any recorded information —
(a) regardless its form or medium, including any of the following:
(i) Writing on any material
(ii) Information produced, recorded or stored by means of any tape recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored
(iii) A label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means
(iv) A book, map, plan, graph or drawing
(v) A photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced
(b) in the possession or under the control of a responsible party;
(c) whether or not it was created by a responsible party; and
(d) regardless of when it came into existence.
Responsible party means Montagu, who determines the purpose of and means for processing personal information.
Services & Products refer to any of Montagu’s Services and Products notwithstanding whether it is advertised and displayed on our Websites and other Electronic Platforms;
Service Provider means any natural or juristic person who processes data on behalf of Montagu. It refers to third-party operators, companies or individuals employed or contracted by Montagu to facilitate the delivery of Services and Products to and on behalf of Montagu, who provide services related to the Services and Products or to assist Montagu in analysing data relating to the Services and Products and the use of our Websites and other Electronic Platforms to access it;
Third-party Social refers to any website or other electronic social network through;
Media Service which you can log in or create an account to use our Websites and other Electronic Platforms;
Usage Data refers to data collected automatically, either generated by the use of our Websites and other Electronic Platforms or from your application of our Services or Products itself (for example, the duration of a page visit, IP addresses, unique device identifiers and other diagnostics data and location information).
Website refers to the website/s of Montagu.
you/your means the individual or other legal entity on behalf of which such individual, as applicable, is accessing or using the Montagu Websites, Electronic Platforms, Services and Products.
This Policy explains the procedures and governing principles on how we process your Personal Information with regards to the collection, receipt, usage and disclosure, electronically and manually, when using our Websites and other Electronic Platforms or accessing our Services and Products.
This policy applies to all Personal Information collected from all Data Subjects with whom Montagu interacts, including but not limited to employees, contractors, customers, clients, service providers, suppliers and other third parties who conclude any type of agreement or contract with Montagu.
Although absolute security cannot be guaranteed, Montagu implemented, reasonable technical, administrative and operational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or unauthorised access to or disclosure of the information we process.
We will comply with POPIA when processing your Personal Information and will continue to maintain and improve security measures consistent with legal and technological developments.
o Our Websites, Electronic Platforms, Services and Products;
o Informing you of changes made to our Websites, Electronic Platforms, Services and Products;
o Responding to any queries or requests you may have;
o Developing a more direct and substantial relationship with you for the purposes described in this clause;
o Developing an online user profile;
o For security, administrative and legal purposes;
o For direct marketing with the option ‘to opt out.’
Your information will not be stored for longer than is necessary for the purposes described herein or as required by applicable legislation.
Please contact the Information Officer referred to below regarding your Personal Information that is processed by Montagu.
You have the right to lay a complaint at any time with the Information Regulator of South Africa. The Co-operative would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator’s Office, accordingly, please contact the Co-operative in the first instance to assist you.
If you are dissatisfied with our resolution of your complaint, you have the right to refer it to the Information Regulator, the supervisory authority for protection of personal information in South Africa.
General enquiries email: firstname.lastname@example.org
Complaints email: complaints.IR@justice.gov.za
To view the Co-operative’s Promotion of Access to Information Act (PAIA) manual, visit our website for the link.
The contact details of Montagu’s Information Officer are as follow:
NAME AND SURNAME OF INFORMATION OFFICER
HERMIAS CORNELIUS VOLLGRAAFF
Telephone Number: 023 614 1125
Mobile Number: 072 524 1141
4. PERSONAL INFORMATION WE COLLECT FROM YOU
Personal Information may be processed only if, given the purpose for which it is processed, such processing is adequate, relevant, not excessive, and in accordance with the relevant provisions of POPIA. The purpose must relate to a function or a Service or Product of Montagu.
Montagu collects and processes personal information pertaining to the proper functioning, management and governance of Montagu’s business.
Should you decide to register with or function as a user on our Websites or other Electronic Platforms, engage with Montagu and/or use any of the Montagu’s Services or Products, you thereby expressly consent to, and opt-in to Montagu collecting, collating, processing, and using the following types of Personal Information about you. We only collect and use the minimum Personal Information we need in order to provide and improve your experience of our Websites, Electronic Platforms, Services and Products. Personal Information may include, but is not limited to: • Email and/or physical address • First name and Last name • Fixed line or Mobile phone numbers • Usage Data
4.1. Information provided by you or from a responsible party authorised by you:
Montagu processes Personal Information which we either processes as responsible party, or which is received from another responsible party to whom you have provided your Personal Information with your consent that it may be shared with us as the Operator.
7 Swanepoel Street
7 Swanepoel Street
We collect your Personal Information through direct interactions with you and when you:
• submit an enquiry or application form and/or contact Montagu or request that we contact you;
• When you engage or interact with Montagu, for example through social media, e-mails, letters and phone calls;
• When you visit or browse our Websites;
• When you conclude a contract with us;
• When you complete any of Montagu’s documents, including our client forms, standard terms and conditions, surveys, promotional competitions or employment contracts, sign up for an account or subscribe or register to access or use any of our Websites, Electronic Platforms, Services and Products;
• When you make use or purchase any of Montagu’s various Services or Products.
If it is legally required Montagu will obtain your consent before collecting your Personal Information for the purposes of conducting its business or delivering of the Services or Products.
The third parties from whom we may collect your Personal Information include, but are not limited to, the following:
Your spouse, dependants, partners, employer, joint applicant or account holder and other similar sources;
Individuals you have authorised, to share your Personal Information;
Attorneys, tracing agents, debt collectors, other persons that assist with the enforcement of agreements and credit.
4.2. Information that is collected automatically:
Montagu receives and stores information which is transmitted automatically from your Device when you browse the internet and access our Websites or other electronic Platforms. This information includes Usage Data (that is collected automatically), information from cookies (which are described in clause 9 below), browser type, operating system used by you, type of mobile device you use, your mobile device
unique ID, embedded web links, and other commonly used information-gathering tools, unique device identifiers and other diagnostic data. These tools collect certain standard information that your browser sends to websites such as your browser type and language, access times, and the address from which you arrived at the websites.
4.3. Information from Third-Party Social Media Services:
Montagu may allow you to create an account and log in to access our Services and Products through the following third-party Social Media Services:
If you decide to register through or otherwise grant Montagu access to a Third-Party Social Media Service, we may collect Personal Information that is already associated with your Third-Party Social Media Service’s account, such as your name, your email address, your activities or your contact list associated with that account.
Should your Personal Information change, please update it by providing us with updates of your Personal Information as soon as reasonably possible to enable us to update it. Montagu is under no obligation to ensure that your Personal Information or other information supplied by you is correct.
You warrant that the Personal Information disclosed to Montagu is directly from you, especially when provided as the user on our Websites or Electronic Platforms or in connection to our Services or Products, and all such Personal Information is lawfully yours to provide. You also warrant that any Personal Information provided to Montagu from a third-party responsible party, was attained from you lawfully and provided to the Co-operative with your express consent to the relevant responsible party to do so.
5. WHEN DO WE COLLECT YOUR PERSONAL INFORMATION
Montagu will only process your Personal Information for lawful purposes relating to our business if:
• You have consented thereto;
• A person legally authorised by you, the law or a court, has consented thereto;
• It is necessary to conclude or perform under a contract Montagu has with you;
• If Montagu is legally required or permitted to;
• It is required to protect or pursue your, our or a third party’s legitimate interest; and/or
• You are a child, and a competent person (such as a parent or guardian) has consented thereto on your behalf.
6. HOW WE USE YOUR PERSONAL INFORMATION
Any processing of your Personal Information will be for Montagu’s legitimate business purposes and as a necessary function of your engagement with us. You have expressly consented to this by using the Websites, Electronic Platforms, Services or Products of Montagu. Montagu will not, without your express consent:
6.1. use your Personal Information for any purpose other than as set out below:
6.1.1. in relation to the provision and monitoring of the Services and Products to you and/or access to the Websites and Electronic Platforms of Montagu, including, but not limited to, opening, managing and maintaining your accounts, contacts, agreements or relationship with us;
6.1.2. for security and identity verification, and to check the accuracy of your Personal Information;
6.1.3. to fulfil a contract with you, which includes the delivery of orders for Services and Products;
6.1.4. to contact you through any form of electronic or other communication as may be requested by you;
6.1.5. for internal record keeping of responsible third parties and the development of metrics of third-party searches;
6.1.6. to contact you with news, special offers and general information about other goods, services, events and functionalities which we offer that are similar to those that you have already purchased or enquired about (unless you have opted out from receiving marketing material from us);
6.1.7. to conduct affordability assessments, credit assessments and credit scoring (where applicable) and to develop credit models and credit tools; and/or
6.1.8. to improve the Websites and Electronic Platforms of Montagu by, for example, monitoring your browsing habits, or tracking your activities on the Websites and Electronic Platforms; or
6.1.9 for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services and Products, marketing and your experience; or
6.1.10 Comply with any legal or regulatory obligations such as criminal investigation purposes, tax or financial laws.
6.2. disclose your Personal Information to any third party other than set out below:
6.2.1. to the employees of Montagu and/or Service Providers who assist us to interact with you via our Websites and Electronic Platforms, email or any other method, for your use of the Services and Products, and thus need to know your Personal Information in order to assist us to communicate with you in a proper and efficient way;
6.2.2. to external responsible parties who already have your express consent to process and/or attain such Personal Information from and/or with us;
6.2.3. to the professional service providers of Montagu (such as the insurers or lawyers of Montagu where we believe that it is required under the contractual relationship with the Co-operative’s service provider to do so);
6.2.5. to the Service Providers of Montagu (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, Montagu’s contracts dictate that these Service Providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards we operate; and
We also share our research and statistical information with various third parties. However, this information does not include your personal information, cannot be linked to you and you cannot be identified from these statistics.
We will not use your Personal Information for any other purpose without your permission.
We keep your information for as long as we need it to provide our Websites and Electronic Platforms, Services or Products to you, and are required or allowed by law or the contract between you and us, or you have agreed to us keeping your information.
7. YOUR RIGHTS
7.1 You have the right to ask us not to contact you for marketing purposes. Use any of the various “opt out” options that will be provided when we send you marketing communications, alternatively you may contact the Information Officer.
7.2 You also have the right to request access to the information we have collected about you and request that we correct or update any incorrect or incomplete information or delete your information (where there is no good reason for us to continue to process it). Such request can be submitted by using Montagu’s PAIA manual, which is available from our Information Officer. For any personal information held by any third-party responsible party, you must approach that responsible party for the realisation of your personal information rights with them, and not with Montagu.
8. LINKS TO OTHER WEBSITES & SHARING YOUR INFORMATION
If at any stage, after you have given us your consent, you no longer wish us to use or share your personal information with an affiliate party; you may at any stage withdraw your consent. By choosing to withdraw your consent with affiliated third parties there may be an impact on our offering to you, and it will be explained to you on your request to withdraw your consent.
9. COOKIES PROVISIONS
9.1 The Websites and Electronic Platforms of Montagu may 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.
9.3 For more information on the exact cookies and technical data used, please contact the Information Officer who will gladly provide a full technical breakdown of same cookies and technical data.
10. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
10.1 We may transfer your Personal Information to recipients outside of the Republic of South Africa.
10.2 Subject to 6.2, Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide the legal and other related services that are required by Montagu clients.
1. NOT APPLICABLE
POLICY ON CLOSED-CIRCUIT TELEVISION
(In terms of the Protection of Personal Information Act, 4 of 2013)
This Policy on Closed-Circuit Television (‘CCTV’) was drafted in accordance with the Responsible Party’s pursuit of crime prevention. This Policy on CCTV aims to put this endeavour into practice and to protect the wellbeing of the Responsible Party’s employees and visitors. The policy seeks to ensure that the CCTV system is managed in such a way that it does not infringe on the rights of those involved. The policy may also be reviewed from time to time if the need arises.
All terms used herein, but not necessarily specifically defined, will carry the same meaning as in the Responsible Party’s Policy regarding the Protection of Personal Information & Privacy, to which this policy constitutes a Schedule.
1.1 CCTV – refers to a Closed-Circuit Television system.
1.2 POPIA – refers to the Protection of Personal Information Act, 4 of 2013.
1.3 BUSINESS PREMISES – any portion of a premises on which the Responsible Party operates business, including, but not necessarily limited to, any building, structure, hall, room, office, recreation area, land or demarcated area that is under the control of the Responsible Party and to which a member of the public is accessed or can usually be admitted.
2.1 The Responsible Party has installed CCTV infrastructure on the premises where it conducts business.
2.2 The cameras are positioned to cover the main routes in the area, points of access to and the Business Premises itself. Footage recorded is stored for a limited period of time.
2.3 This policy applies to all persons entering the Responsible Party’s Business Premises. Any such person submits to the policy.
3.1 The Responsible Party shall process Personal Information (as recorded in the CCTV material) strictly according to the provisions of POPIA at all relevant times, considering the individual’s constitutional right to privacy.
3.2 Authorisation for the recording and location of, as well as access to CCTV material (data), rests with the Responsible Party. Access to the data via the Responsible Party systems will be allowed, provided that the person concerned has been granted prior consent – as set out below or if otherwise legally permissible.
3.3 To the extent that the Responsible Party provides the data to parties and businesses, as indicated below, the Responsible Party deals in the capacity of ‘operator’, as defined in POPIA. Insofar as the Responsible Party can be regarded as the party responsible for processing the data, it acts as the ‘responsible party’, as defined in POPIA.
3.4 The Responsible Party will fulfil its obligations under POPIA, depending on the capacity in which it acts under any circumstances.
3.5 The Responsible Party will process Personal Information, considering the purpose for which it is handled, and will do so in a manner that will ensure that the information is complete, relevant and not excessive.
3.6 Details and records of all information processed by the Responsible Party shall be maintained to the extent required by legislation.
4.1 The purpose of this policy is to set out the Responsible Party’s use of CCTV in accordance with the provisions of the relevant legislation. The Responsible Party will specifically strive to –
4.1.1 process the data in a legal and reasonable manner without violating the privacy of the data subject;
4.1.2 process the data where it is intended to protect the legitimate interests of members of the public, as well as the Responsible Party;
4.1.3 protect Personal Information, with due regard for each individual’s constitutional right to privacy, when the Responsible Party or its representatives process such information, subject to justifiable limitations;
4.1.4 balance the individual’s right to privacy with other rights, especially the right of members of the general public to safety and security;
4.1.5 make individuals aware of their rights and remedies to protect their Personal Information from any processing inconsistent with legislation;
4.1.6 adhere to voluntary and mandatory measures, including measures introduced by the Information Regulator to promote and comply with the rights that POPIA seeks to protect;
4.2 The purpose of the Responsible Party’s CCTV network is to –
4.2.1 identify crime and to deter criminals and help prevent crime;
4.2.2 improve the safety of those who live, work, trade and visit in the areas covered by the CCTV network;
4.2.3 assist in the arrest and prosecution of offenders (including but not limited to the use of footage, as well as videos, as evidence in criminal or civil proceedings);
4.2.4 assist law enforcement agencies, including private response and security companies, with investigations into any suspected or actual crime captured on the CCTV network;
4.2.5 identify vehicles who may have been involved in criminal activity in order to notify the appropriate authorities thereof;
4.2.6 to reduce vandalism, theft and property-related offences at the Responsible Party premises;
4.2.7 promote the safety, protection and well-being of members of the general public;
4.2.8 to prevent any form of harassment of any person (or persons), or to investigate such harassment in a meaningful manner with a view to prompt and meaningful action against any offender(s);
4.2.9 to prevent any form of undesirable and / or public misconduct, or to investigate such misconduct in a meaningful manner with a view of acting against any offender (s).
4.3 Data recorded by the CCTV network will not be used for purposes other than those referred to above and/or for any purposes not permitted under POPIA.
4.4 Data will under no circumstances be disclosed or distributed to the media or any similar party unless such disclosure or distribution is specifically required or authorised in terms of legislation.
5. SCOPE AND FUNCTIONING OF THE CCTV NETWORK
5.1 The Responsible Party’s CCTV network uses mounted cameras designed and placed to record footage of individuals’ movements, as well as the registration plates of vehicles on public and/or private roads and in public spaces.
5.2 The CCTV network will be operated and data shall be made available strictly according to the requirements of the relevant legislation, considering each individual’s right to privacy.
5.3 All data captured on the CCTV network will be reviewed by the operational staff of the Responsible Party and will be monitored to assist in the identification and prevention of crime, as well as in the interests of public safety and security.
5.4 The software used in combination with the data recorded by the CCTV network can identify registration plates of vehicles. Registration plates may be compared to the database of registration plates of vehicles involved in crime or of interest to the South African Police Service. If any information matches, those monitoring the CCTV network will be informed accordingly. The Responsible Party does not have the capacity to search for registration plate details on the National e-Natis database, so no information will be accessible about the owner of a specific vehicle (e.g. identity number, name and physical address) unless, for example, such information was included when the vehicle was reported as stolen.
5.5 The South African Police Service or those working with them may be asked to respond to information recorded by the CCTV network.
5.6 All data will be stored on the computer servers of the Responsible Party or the Responsible Party’s service provider and will be identified using an automatic recording sequence.
5.7 The retention period of the data recorded by the CCTV system may be extended or shortened in terms of any legal instruction that the Information Regulator or other competent authority may issue from time to time. Data may also be stored for a longer period if required for further investigations.
5.8 At the end of this retention period, the data will be permanently removed and/or destroyed under the guidelines set out in POPIA.
5.9 The CCTV network will be installed at strategic locations and in such a way that all cameras are clearly visible and identifiable by the public.
5.10 All sub-titles that appear on the data in question, such as the location of the camera and the time and date, will be safely preserved and stored so that it is impossible to tamper with it.
6. PUBLIC AWARENESS OF CCTV
6.1 Before the installation and use of the CCTV cameras, all reasonable attempts shall be made to advise those who live and/or travel in the vicinity of the cameras of the intention to do so.
6.2 To ensure that all members of the public are aware that they are in an area protected by a CCTV network, clear notices to such effect shall be displayed in the areas.
7. DATA PRESERVATION AND PROTECTION
7.1 Data will only be preserved for a limited period unless it is required or requested for purposes set out in this policy, which requires the data to be stored for a longer period of time. Appropriate precautions will be implemented to preserve such data for longer periods, as required by POPIA.
7.2 Data preserved for investigation purposes must be strictly managed and subject to limited access.
7.3 All data will be stored on the secure servers rented or owned by the Responsible Party. All data will be stored in such a way that damage or unauthorized destruction or access is prevented.
7.4 Data may not be downloaded without a written request. The request must specify the reason for downloading the data, as well as the period that the data will be stored, along with strict security undertakings. The Responsible Party may refuse the request if it is not satisfied with such reasons provided.
8. ACCESS TO CCTV DATA
8.1 Only specified persons within the Responsible Party shall have access to the data to view what the cameras have recorded. However, this will only be allowed on a need-to-know basis.
8.2 These individuals will include the following from time to time –
8.2.1 Responsible Party’s Information and Deputy Information Officers;
8.2.2 Persons or institutions whose legitimate interests or rights may be directly affected;
8.2.3 Law Enforcement Officers
8.2.5 Specified employees appointed to monitor and track the data.
8.3 Everyone who enters into the necessary confidentiality and security agreements in terms of which each individual is granted access to any data, shall undertake to obtain only such data when and as is necessary. They are not entitled to share or distribute any data unless it is in accordance with the terms of the agreements concluded with the Responsible Party and needed to give effect to the purpose in terms of which the data was captured or as required by the relevant legislation.
8.4 Any security Co-operative contracted by the Responsible Party to monitor the data must at all times be registered with the regulatory authority for the private security industry.
8.5 The South African Police Service or other authorised law enforcement agents may, at short notice, make use of the material for observational purposes and to conduct detective work and the prevention of crime and to assist in such investigations.
8.6 An institution making a request must provide the Responsible Party with a summons, or information in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, before footage referred to in the summons can be made available or, in the case of the South African Police Service’s investigating officer, a case number.
8.7 All footage made available to the South African Police Service or other authorised law enforcement agency at their request, or where criminal activity is suspected, will be recorded in a CCTV access register. The following details are needed –
8.7.1 Investigating officer’s rank and name;
8.7.2 Details of the incident;
8.7.3 Sign-out and acknowledgement of receipt of all evidence; and
8.7.4 Any other information deemed necessary by the Responsible Party.
8.8 Where cameras are monitored via mobile equipment such as a smartphone, tablet or similar devices, the Information Officer will ensure that no unauthorized person can view the content.
8.9 The Information Officer or other designated officer will also be responsible for ensuring that –
8.9.1 the CCTV network and its use are annually reviewed;
8.9.2 the CCTV footage is stored and processed safely under this policy, as well as POPIA and any other relevant legislation;
8.9.3 footage is preserved and stored and that all electronic records are managed similarly to any other sensitive record within the organisation;
8.9.4 data is discarded in a manner as required by POPIA;
8.9.5 any data stored at an external facility is secured by encryption;
8.9.6 access control is applied and adhered to by all persons with access to any data;
8.9.7 the footage is viewed and disclosed in accordance with legal obligations as well as in terms of this policy;
8.9.8 persons using or maintaining the CCTV systems are properly trained and aware of their obligations under POPIA and other relevant legislation;
8.9.9 each system is maintained regularly and that the systems are upgraded as deemed necessary; and
8.9.10 each passive CCTV system is indicated by means of proper directions to make the public aware that they are being monitored.
8.10 Any unlawful disclosure of any data, or any violation of any provision of POPIA, shall, as far as necessary, be reported to the Information Regulator, with associated details regarding the breach, as required by POPIA.
9. ACCESS TO DATA BY PRIVATE INDIVIDUALS
9.1 Under the Act, individuals have the right to access any data involving themselves and may, without charge, request the Responsible Party to view the data and confirm whether the individual concerned is captured on the CCTV network.
9.2 Individuals concerned about a possible violation of their privacy may request to view the camera activities by contacting the parties responsible for checking the data.
9.3 Any request to access data must include –
9.3.1 The exact date and time when the footage was recorded;
9.3.2 Information to identify the individual (if necessary);
9.3.3 Proof of identity;
9.3.4 The location or area of the CCTV camera that collected the data; and
9.3.5 Reason for which access to the footage is requested.
9.4 The person responsible for monitoring the data in question should respond to the request as soon as possible.
9.5 Under POPIA, the party responsible for monitoring the data in question may provide a record or description of the data in their possession. A downloadable copy of the data
will only be provided if the Responsible Party is of the opinion that the requested data does not contain personal data of anyone other than the party that made the request and that the data will be securely stored and maintained.
9.6 A reasonable tariff will be payable for access to the data, which tariff will be determined in reference to the time, technical expertise and resources required to retrieve the data and, where necessary, to clean and desensitize the data to prevent any violation of a third party’s rights. The party that makes the request will be provided with a quotation for such fee as required by POPIA.
9.7 If the Responsible Party is unable to comply with the request, the reasons for this must be documented. The individual will, where possible, be informed of such reasons.
9.8 Data will only be disclosed to third parties based on a subpoena, or otherwise if the relevant legislation requires such disclosure.
9.9 Third parties will only be granted access to the data in terms of the provisions of the Promotion of Access to Information Act (PAIA), Act 2 of 2000, if applicable.
MONTAGU WINE CELLAR
AGRICULTURAL CO-OPERATIVE LIMITED
(GROUP OF ENTITIES INCORPORATED IN THE REPUBLIC OF SOUTH AFRICA)
HEREINAFTER REFERRED TO AS ‘MONTAGU’
1 JULY 2021
READ THIS POLICY CAREFULLY BEFORE BROWSING MONTAGU’S WEBSITES & OTHER ELECTRONIC PLATFORMS OR USING ANY OF THE SERVICES OFFERED BY MONTAGU ON OUR WEBSITE. YOUR USE OF MONTAGU’S WEBSITES AND PLATFORMS INDICATE THAT YOU HAVE BOTH READ AND CONSENT TO THE TERMS OF THIS DOCUMENT. DO NOT USE MONTAGU’S WEBSITES OR ELECTRONIC PLATFORMS IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THIS DOCUMENT ARE APPLICABLE TO ANYONE WHO USE OR VISIT MONTAGU’S WEBSITES OR ELECTRONIC PLATFORMS, UNLESS A PARTICULAR SECTION EXPRESSLY STATES OTHERWISE.
1 WEBSITE TERMS AND CONDITIONS OF USE
1.1 This document sets out the terms and conditions (“Terms”) of MONTAGU WINE CELLAR AGRICULTURAL CO-OPERATIVE LIMITED (REGISTRATION NUMBER: 1941/000001/24) FROM 1 CINSAUT STREET, MONTAGU, 6720, WESTERN CAPE PROVINCE, REPUBLIC OF SOUTH AFRICA (“Montagu”) pertaining to the access and use of the information, products, services and functions provided on www.montaguwines.co.za (“Website”).
1.2 Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.4 Montagu reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Montagu from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.5 We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.6 If there is anything in these Terms that you do not understand then please contact us as soon as possible -see clause 11 below for contact details. Please note that calls to us may be monitored for training, security and quality assurance purposes.
2 CONTENT OF THE WEBSITE
2.1 Montagu reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2 Montagu reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
2.3 Montagu may use the services of third parties to provide information on the Website. Montagu has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Montagu and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4 Montagu makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.4.1 Montagu does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Montagu expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 Whilst Montagu has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3 Montagu disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Montagu receives it and statements from external parties are accepted as fact.
3 LINKED THIRD PARTY WEBSITES AND THIRD-PARTY CONTENT
3.1 Montagu may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Montagu does not endorse, nor does the inclusion of any link imply Montagu’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2 While Montagu tries to provide links only to reputable websites or online partners, Montagu cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Montagu.
Montagu is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3 You agree that Montagu shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
4 USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of the Website;
4.3 write and/or develop any derivative of the Website or any other software program based on the Website;
4.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Montagu;
4.5 without Montagu’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
4.6 remove any identification, trademark, copyright or other notices from the Website;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.8 notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
5.1 In order to ensure the security and reliable operation of the services to all Montagu’s users, Montagu hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2 You may not utilise the Website in any manner which may compromise the security of Montagu’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Montagu suffer any damage or loss, civil damages shall be claimed by Montagu against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Montagu and its affiliates, agents and/or partners.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1 “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Montagu, now or in the future, including without limitation, Montagu’s rights, title and interest in and to all technology, source code/s, trade secrets, logos,
systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Montagu and as such are protected from infringement by local and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal information) to Montagu for posting on the Website, you automatically grant Montagu and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.5 Except with Montagu’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that Montagu is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7 Montagu authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7 RISK, LIMITATION OF LIABILITY AND INDEMNITY
7.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Montagu be liable for any loss, harm, or damage suffered by the user as a result thereof. Montagu reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Montagu deem it necessary.
7.3 To the extent permissible by law:
7.3.1 Neither Montagu, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otheMontaguise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Montagu knows or should reasonably have known or is expressly advised thereof.
7.3.2 The liability of Montagu for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Montagu rectifying the malfunction, within a reasonable time and free of charge, provided that Montagu is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Montagu. However, in no event shall Montagu be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3 You hereby unconditionally and irrevocably indemnify Montagu and agree to hold Montagu free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Montagu or instituted against Montagu as a direct or indirect
22.214.171.124 your use of the website;
126.96.36.199 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Montagu;
188.8.131.52 your failure to comply with any of the terms or any other requirements which Montagu may impose from time to time;
184.108.40.206 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
220.127.116.11 any unavailability of, or interruption in, the service which is beyond the control of Montagu.
7.4 Montagu makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Montagu for any loss suffered by you, as a result of information supplied by Montagu being incorrect, incomplete or inaccurate.
8.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we do not mean general, statistical, aggregated or anonymised information.
8.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.
8.5 The time periods for which Montagu keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring Montagu to keep your information, we will not keep it for longer than
necessary for the purpose for which the information was collected or for which it is to be processed.
8.6 Montagu may disclose information to third parties e.g., we may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
8.8 Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
8.9 You can alter the settings of your browser to prevent automatic acceptance of Cookies and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all. The links below will help you find the settings for some common browsers (please note that we are not responsible for the content of external websites): • Manage cookie settings in Chrome and Chrome Android and Chrome iOS https://support.google.com/chrome/answer/95647?hl=en https://support.google.com/chrome/answer/95647?hl=en&co=GENIE.Platform%3DAndroid&oco=1 https://support.google.com/chrome/answer/95647?hl=en&co=GENIE.Platform%3DiOS&oco=1 • Manage cookie settings in Safari and Safari iOS https://support.apple.com/kb/PH19214?locale=en_US https://support.apple.com/en-gb/HT201265
• Manage cookie settings in Firefox https://support.mozilla.org/t5/Protect-your-privacy/Enable-and-disable-cookies-that-websites-use-to-track-your/ta-p/2784 • Manage cookie settings in Internet Explorer https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies • Manage cookie settings in Opera http://www.opera.com/help/tutorials/security/privacy/ For all other browsers, or, for alternative advice, help may be sought by visiting www.allaboutcookies.org, or, via your device user manual, or, online help files.
8.10 If you would like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 11 below.)
9.1 By subscribing or registering on our Website, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Montagu. You shall notify Montagu should you discover any loss or unauthorised disclosure of the information.
9.2 Any information or material sent to Montagu will be deemed not to be confidential, unless otherwise agreed in writing by the user and Montagu.
10 BREACH OR CANCELLATION BY Montagu
10.1 Montagu is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Montagu’s right to claim damages, should any user:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of Montagu, use the Website in an unauthorised manner; or
10.1.3 infringe any statute, regulation, ordinance or law.
10.2 Breach of these Terms entitles Montagu to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Montagu on an attorney and own client scale.
11 COMPLIANCE WITH SECTION 43(1) OF ECT ACT
In compliance with section 43(1) of the ECT Act, the following is noted:
11.1 Full name: MONTAGU WINE CELLAR AGRICULTURAL CO-OPERATIVE LIMITED
11.2 Registration number: 1941/000001/24
11.3 Physical address: 1 CINSAUT STREET, MONTAGU, 6720
11.4 Telephone number: 023 614 1125
11.5 Website address: www.montaguwines.co.za
11.6 E-mail address: email@example.com
11.7 Names of office bearers: HERMIAS CORNELIUS VOLLGRAAFF
12 COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email firstname.lastname@example.org (in the case of Montagu) or to the e-mail address you have provided to Montagu (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Montagu may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Montagu. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
14 GENERAL CLAUSES
14.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
14.2 This Website is controlled and administered on instructions of Montagu within the Republic of South Africa. Montagu makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
14.3 Montagu does not guarantee continuous, uninterrupted or secure access to our services, as operation of our website may be interfered with as a result of a number of factors which are outside of our control.
14.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
14.5 Montagu’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
14.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Montagu.
14.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
14.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
14.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
14.10 These Terms set forth the entire understanding and agreement between Montagu and you with respect to the subject matter hereof.