Privacy Policy
PRIVACY POLICY
1. Introduction
1.1. MCK Inc. respects its customers’ privacy and will take the measures set out herein to protect it.
1.2. MCK Inc. may require the customer to provide personal information, including company names and registration numbers, name and surname, email address, physical address, gender, mobile number, and date of birth.
1.3. Should the customer’s personal information change, please inform MCK Inc. and provide it with the updates within seven days to enable MCK Inc. to update the customer’s personal information.
1.4. The customer may choose to provide additional personal information to MCK Inc.. In this event, the customer agrees to provide accurate and current information and not to impersonate or misrepresent any person/entity or falsely state or otherwise misrepresent the customer’s affiliation with anyone or anything.
1.5. MCK Inc. asks its customers to abide by all applicable laws, rules and regulations, as MCK Inc. will do so ourselves.
1.6. The “Products, “Services”, and related services are described on the MCK Inc. website at www.mcklaw.co.za and in the customer contract.
2. Customer’s Consent
2.1. By using MCK Inc. and its Products and/or Services, the customers consent to processing the customer’s personal data. Subject to the below, MCK Inc. will not, without the customer’s consent, use the customer’s personal information for any purpose other than as set out hereunder:
2.2. MCK Inc. uses customers’ personal information for several purposes:
2.2.1. to register the customer for inclusion in our Service to fulfil the customer’s request;
2.2.2. to contact customers if MCK Inc. needs to obtain or provide additional information;
2.2.3. to verify the accuracy of our records;
2.2.4. to contact customers regarding customer satisfaction surveys about the ordering, sale, delivery, performance and quality of Products and Services;
2.2.5. to contact customers regarding current or new Products or Services or any other Products offered by MCK Inc. (unless customers have opted out from receiving marketing material from MCK Inc.);
2.2.6. to inform customers of new features, special offers and promotional competitions offered by MCK Inc. (unless customers have opted out from receiving marketing material from MCK Inc.);
2.2.7. to improve our Products, Services and customers selection and the customer’s experience with our Products or Services by, for example, monitoring the customer’s browsing habits or tracking the customer’s sales of the Products or Services;
2.2.8. to collect certain technical information, such as the browser version and operating system;
2.3. MCK Inc. shall not disclose the customer’s personal information to any third party other than as set out below:
2.3.1. To our employees or third-party Service providers that need to know the customer’s personal information to assist MCK Inc. in communicating with customers correctly and efficiently.
2.3.2. to law enforcement, government officials, fraud detection agencies or other third parties when MCK Inc. believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;
2.3.3. to our Service providers (under contract with MCK Inc.) who help with parts of our business operations (fraud prevention, networks, platforms, licenses, marketing, technology Services, etc.). However, our contracts dictate that these Service providers may only use the customer’s information in connection with the Services they perform for MCK Inc. and not for their benefit;
2.3.4. to our suppliers for them to liaise directly with customers in the event of customers submitting a warranty claim regarding any Products or Services customers have purchased which require their involvement.
2.4. Occasionally, MCK Inc. may also administer random “interactive pop-up” surveys to some customers. These surveys request additional demographic, non-personally identifiable information. The customers’ participation in a survey is always voluntary, and customers can choose whether to provide the requested survey information. MCK Inc. uses the information collected in the survey, in conjunction with information gathered through cookies and code, to provide customers with an even more detailed understanding of its target market;
2.5. Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw or when the respondent has opted-in to possible follow-up research. This information may be shared with entities or other customers who, in turn, have agreed to adhere to this Privacy Policy;
2.6. MCK Inc. is entitled to use or disclose the customer’s personal information if such use or disclosure is required to comply with any applicable law, subpoena, order of court, or legal process served on MCK Inc. or to protect and defend our rights or property;
2.7. MCK Inc. will ensure that all our employees, third-party Service providers, suppliers, divisions and partners (including their employees and third-party Service providers) having access to the customer’s personal information are bound by appropriate and legally binding confidentiality obligations concerning the customer’s personal information.
3. Personal Information
3.1. MCK Inc. will:
3.1.1. Treat the customer’s personal information as strictly confidential, save where MCK Inc. is entitled to share it as set out in this Policy;
3.1.2. take appropriate technical and organisational measures to ensure that the customer’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3.1.3. provide customers with access to the customer’s personal information to view or update personal details;
3.1.4. promptly notify customers if MCK Inc. becomes aware of any unauthorised use, disclosure or processing of the customer’s personal information;
3.1.5. provide customers with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
3.1.6. upon the customer’s request, promptly return or destroy any of the customer’s personal information in our possession or control, save for that which MCK Inc. is legally obliged to retain;
3.2. MCK Inc. undertakes never to sell or make the customer’s personal information available to any third party other than as provided for in this Policy.
3.3. Whilst MCK Inc. will do all things reasonably necessary to protect the customer’s rights of Privacy, MCK Inc. cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the customer’s personal information, whilst in our possession, made by third parties who are not subject to our control.
3.4. If customers disclose their personal information to an unrelated third party, such as an entity which operates products or services linked to supplied Products or Services, MCK Inc. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING OR SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. MCK Inc. does not regulate or control how third parties use the customer’s personal information. The customer should always ensure that they read the Privacy Policy of any third party;
3.5. Retention Period. MCK Inc. will retain the customer’s personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a more extended retention period is required or allowed by law;
3.6. Cross-Border Transfer for customers: The personal information from customers may be stored and processed in any country where MCK Inc. has facilities or where the Products or Services originate, and by using Products or Services, the customer consents to the transfer of information to countries outside of the customer’s country of residence, which have different data protection rules than in the customer’s country;
3.7. Children and Privacy. The MCK Inc. Products or Services do not offer information intended to attract children. MCK Inc. does not knowingly solicit personal information from children under the age of 18;
3.8. Your right to access information. Customers have the right to request a copy of the personal information we hold about the customer. To do so, email MCK Inc. on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. MCK Inc. will take all reasonable steps to confirm the customer or customer’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
3.9. Correction of information. Customers have the right to ask MCK Inc. to update, correct or delete personal information. Customers may do this by completing Form 2 on the MCK Inc. website. MCK Inc. will take all reasonable steps to confirm the customer’s identity before changing personal information about the customer.
3.10. MCK Inc. ‘s POPI contacts. Please refer to MCK Inc. ‘s PAIA manual for more details.
4. Security
4.1. MCK Inc. uses reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or storage system can be guaranteed 100% secure.
4.2. If customers have reason to believe that the customer’s interaction with MCK Inc. is no longer secure (for example, if customers feel that the security of any account customers might have with MCK Inc. has been compromised), please immediately notify MCK Inc. of the problem.
5. Digital Marketing – Cookies – Website or App
5.1. Our Website and moble application (“App”) use “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website and App can use (and which MCK Inc. may use) to recognise repeat customers, facilitate the customer’s ongoing access to and use of a Website and App and allow a Website and App to track usage behaviour and compile aggregate data that will allow the Website and App operator to improve the functionality of the Website and App and its content.
5.2. The type of information collected by cookies is not used to identify customers personally. If customers do not want information collected using cookies, a simple procedure in most browsers allows customers to deny or accept the cookie feature.
5.3. Please note that cookies may be necessary to provide customers with certain features on our Digital Marketing Services. Thus, if customers turn off the cookies on the customer’s browser, customers may not be able to use those features. The customer’s access to our Digital Marketing Services will therefore be limited. If customers do not turn off “cookies”, customers are deemed to consent to our use of any personal information collected using those cookies.
6. Changes to the Privacy Policy
6.1. In its sole discretion, MCK Inc. may change any of the terms and conditions of this Privacy Policy at any time. The customer is responsible for regularly checking the Privacy Policy and ensuring customers are satisfied with the changes. Should a customer not be satisfied, customers must not place any further orders on or in any other way use the Products or Services.
6.2. Any such change will only apply to the customer’s use of these Products or Services after the change is displayed on the Products or Services. If customers use the Products or Services after such amended Privacy Policy, customers will be deemed to have accepted such changes.
7. Electronic Communications
When customers visit the Products or Services or send emails to MCK Inc., customers consent to receive communications from MCK Inc. electronically per our Privacy Policy.
8. Governing Law and Jurisdiction
This Privacy Policy, our relationship and any dispute arising from or in connection with the Privacy Policy will be governed and interpreted by the laws of the Republic of South Africa.