Privacy Policy

Imperial Market Access Healthcare SA (Pty) Ltd (“we,” “us”, “our”) is committed to privacy and endeavours to protect and lawfully process the personal information of all individual and legal entities (data subjects – “you”, “your”) we interact with, including any processing conducted via this website. For purposes of this Privacy Notice, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Notice.

This Privacy Notice describes how we collect, use, and disclose your personal information when you visit, use our services, or make a purchase from https://myrkl.co.za/ (“our Website”) or otherwise communicate with us (collectively, the “Services”).

Our Website is not intended for persons under the age of 18, and we do not knowingly collect personal information relating to children unless we have obtained the necessary consents.

The terms and conditions of our Website Privacy Notice are summarised below in a digestible format, and it is our honest intention for you to clearly understand how we process your personal information.

Should you want to obtain further information, you can expand by clicking on the relevant icons or by contacting us as detailed further below.

Our Holding Company, Imperial, is an African focused provider of integrated market access and logistics solutions. With a focus on the following key industries – healthcare, consumer, automotive, chemicals, industrial and commodities – we take our clients’ and principals’ products to some of the fastest growing and most challenging markets in the world.

As a leading global logistics provider, we seek out and leverage new technology to deliver innovative, end-to-end solutions. Through our significant African footprint and international expertise, and with the support of our 25,000 people, Imperial’s purpose is to connect Africa and the world – and to improve people’s lives with access to quality products and services. Imperial became a wholly owned business of DP World in March 2022.

APPLICABLE AND PROMINENT LAWS 

Other countries where we operate might have enacted their own data protection / privacy laws, which could have established certain rights for you that may be different in application and process.

Should you be entitled to any such rights under any specific jurisdiction as detailed under the applicable country, and you want to exercise such right, then we encourage you to contact us as detailed further below.

Insofar it relates to the processing of your personal information on our Website, we are subject to the jurisdiction, enforcement, and investigatory authority of the South African Information Regulator, and other applicable South African laws of which some are referenced below:

POPIA

The Protection of Personal Information Act 4 of 2013 in South Africa, also commonly referred to as POPIA, subjects any entity that processes the personal information of natural and / or legal person to 8 core processing conditions.

• Accountability
• Processing Limitation
• Specific Purpose
• Further Processing Limitation
• Openness
• Information Quality
• Security Safeguards
• Data Subject Participation

PAIA

The Promotion of Access to Information Act 2 of 2000, also commonly referred to as PAIA, grants persons with the right to access of information held by us, under certain conditions. Our Section 51 PAIA manual, provided on our website, facilitates this process and any POPIA related requests.

ECT ACT

The Electronic Communications and Transactions Act 25 of 2002, also referred to as the ECT Act, inter alia provides for the facilitation and regulation of electronic communications and transactions, to which this website is subject to in part.

RICA

Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002, also known as RICA, inter alia regulates the interception of certain communications.

PROMINENT POPIA DEFINITIONS: 

What is Personal Information?

‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

• 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
• information relating to the education or the medical, financial, criminal or employment history of the person
• any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person
• the biometric information of the person
• the personal opinions, views or preferences of the person
• 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
• the views or opinions of another individual about the person, and
• 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

What is regarded as Processing?

‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

• the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use
• dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of information

Who are Data Subjects?

“data subjects” means the individual or entity to whom the personal information relates, which in this instance can be you.

WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT? 

Information that you directly submit to us through our Services, which may include:

• Basic contact details including your name, address, phone number, email.
• Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
• Account information including your username, password and security questions.
• Shopping information including the items you view, put in your cart or add to your wishlist.
• Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information we collect through Cookies:

We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our WebSite and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

• Companies who support our Website and Services, such as Shopify.
• Our payment processors, such as YOCO, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
• When you visit our Website, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Notice. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

FOR WHAT PURPOSES DO WE COLLECT YOUR PERSONAL INFORMATION? 

We only collect personal information from you to fulfil a specific purpose and do not further process the information unless it is in accordance or compatible with the purpose for which it was originally collected.

We therefore In addition to the specific purposes set out below, may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others:

Providing Products and Services.

We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.

Marketing and Advertising.

We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Website and other websites.

Security and Fraud Prevention.

We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

Communicating with you.

We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

Cookies.

Like many websites, we use Cookies on our Website to make it more effective and secure. Cookies are small text files which are placed on your computer and saved by your browser. Cookies do not cause any harm to your computer and do not contain any viruses. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites. Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies.

 

HOW DO WE MAINTAIN THE CONFIDENTIALITY AND INTEGRITY OF YOUR PERSONAL INFORMATION?

We continuously strive to secure the integrity and confidentiality of your personal information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent the following:

• loss of, damage to or unauthorised destruction of your personal information, and
• unlawful access to or processing of your personal information.

We have taken, and continue to take reasonable measures to:

• identify all reasonably foreseeable internal and external risks to your personal information in our possession or under our control
• establish and maintain appropriate safeguards against the risks identified
• regularly verify that the safeguards are effectively implemented, and
• ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

In order to fulfil the above, we aim to align our approach to generally accepted information security practices and procedures which generally may apply to us.

DO WE SHARE YOUR PERSONAL INFORMATION? 

In certain circumstances, we may disclose certain categories of your personal information to Third Party Recipients for legitimate purposes subject to this Privacy Notice. Such circumstances may include:

• With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfilment and shipping).
• With business and marketing partners, including Shopify, to provide services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services. Our business and marketing partners will use your information in accordance with their own privacy notices.
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
• With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

Categories of personal information:

• Identifiers such as basic contact details and certain order and account information
• Commercial information such as order information, shopping information and customer support information
• Internet or other similar network activity, such as Usage Data

Categories of Third Party Recipients:

• Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfilment partners, customer support partners and data analytics providers)
• Business and marketing partners
• Affiliates

As a general rule, we will not actively share your personal information collected with any third parties unless we have obtained your consent. There are however certain Social Media plugins and tools where, due to their nature, might necessitate the sharing of certain information with organisations outside the Republic of South Africa and more specifically, with organisations in countries where the legislative regime might not be deemed sufficient to afford data subjects with adequate data protection. We therefore ask you to consider the following information carefully before continuing to use any of the listed plugins and tools:

• Facebook Plugins (Like & share button)

We integrated Plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. On our website, you can identify the Facebook plugins by the Facebook logo or the “like button” on our Website. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins. If you visit our page, the plugin establishes a direct connection between your browser and the Facebook server, allowing Facebook to receive the information that you visited our page with your IP address. If you click the Facebook “like button” on our Website, while being logged in to Facebook, you can link the content of our Website on your Facebook profile. Facebook can thereby match your visit on our pages to your user account. We would like to point out that we as the operator of our Website are neither aware of the information which is submitted to Facebook nor do we have knowledge of the usage of the information by Facebook. Further information can be found in the Facebook privacy policy at: https://www.facebook.com/policy.php If you do not want Facebook to match your visit of our website with your Facebook user account, please log out of your Facebook user account before visiting our Website.

• YouTube Plugins

Our Website uses plugins from the Google-operated website YouTube. Youtube is provided by: YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages which contains a YouTube plugin, a connection to the YouTube servers is established telling the YouTube server which of our pages you visited. If you are simultaneously logged in to your YouTube account you enable YouTube to directly assign your surfing behaviour to your personal profile. This can be avoided by logging out of your YouTube account. Further information regarding the user information usage of YouTube can be found in the YouTube privacy policy at: https://policies.google.com/privacy?hl=en–US

• Vimeo Plugins

Our Website uses plugins of the Vimeo video portal. Vimeo is provided by: Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA. If you visit one of our pages which contains a Vimeo plugin, a connection to the Vimeo servers is established telling the Vimeo server which of our pages you visited. Additionally, Vimeo obtains your IP address, even if you do not have a Vimeo user account or are not logged in to your Vimeo account. The information gathered by Vimeo is transmitted to the Vimeo servers in the USA. If you are simultaneously logged in to your Vimeo account you enable Vimeo to directly assign your surfing behaviour to your personal profile. This can be avoided by logging out of your Vimeo account. Further information regarding the user information usage of Vimeo can be found in the Vimeo privacy policy at: https://vimeo.com/privacy

• Google Maps Tools

Our Website uses the Google Maps map service via an API. Google Maps is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To enable the functionality of Google Maps, it is required to save your IP address. This information is generally transmitted and saved on a Google server in the USA. We have no influence over this information transmission. Further information regarding the user information usage of Google Maps can be found in the Google privacy policy at: https://policies.google.com/privacy?hl=en–US

• Google Analytics Plugins

Our Website uses Google Analytics offered by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyse user behaviour on our Website. Google Analytics uses “Cookies” – small text files, which are saved on your computer. The information collected by the cookies is generally transmitted and saved to a Google server in the USA. This website uses the anonymize IP function. The users IP address is shortened, ensuring that the visitor is not personally identifiable. Within the framework of the agreement on information processing which the website provider has made with Google Inc., Google creates analyses of the users website activity and behaviour with the collected information, and provides us with services connected to internet usage. If you do not want to have the cookie saved on your device, you can disable it in the preferences of your browser. However, we cannot ensure that you can access all functions without any limitations if your browser does not accept cookies. Furthermore, you can use a browser plugin to prevent Google Inc. from obtaining and using the information which is collected by the cookie (including your IP address). The following link directs you to the plugin: https://tools.google.com/dlpage/gaoptout?hl=en You can find further information on information usage by Google Inc. here:

https://support.google.com/analytics/answer/6004245?hl=en

• LinkedIn Plugins

Our Website uses functionality from the LinkedIn business network, provided by the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. With every visit to one of our pages containing LinkedIn functions, a connection to the LinkedIn servers is established. LinkedIn receives the information of the IP address you used while visiting our page. If you press the LinkedIn “Recommend-Button” while logged in to your LinkedIn account, LinkedIn is able to link your visit on our page to your LinkedIn account. We would like to point out that we as the operator of our Website are neither aware of the information which is submitted to LinkedIn nor do we have knowledge of the usage of the information by LinkedIn. Further information on the LinkedIn privacy policy can be found at:

https://www.linkedin.com/legal/privacy–policyStatus as at 23/07/20

• X (Previously and herein referred to as Twitter) Plugins

Our Website uses functionality of the Twitter microblogging service, offered by Twitter Inc.,

1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “ReTweet” function, your visited websites are connected with your Twitter account and are disclosed to other Twitter users. During this process, information is transmitted to Twitter. We would like to point out that we as the operator of our Website are neither aware of the information which is submitted to Twitter nor do we have knowledge of the usage of the information by Twitter. Further information on the Twitter privacy policy can be found at: https://twitter.com/privacy You can change your Twitter privacy settings in your Twitter account at: https://twitter.com/account/settings

• Instagram Plugins

Our Website also uses so-called social plugins (“plugins”) operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plugins are marked with an

Instagram logo, for example in the form of an “Instagram camera”. If you visit a page of our

Website that contains such a plugin, your browser establishes a direct connection to the Instagram servers. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram obtains the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are currently not logged in to Instagram. This information (including your IP address) is sent from your browser directly to an Instagram server in the US and stored there. If you’re logged in to Instagram, Instagram can instantly associate your visit to our website with your Instagram account. If you interact with the plugins, for example, press the “Instagram” button, this information is also transmitted directly to a server of Instagram and stored there. The information will also be published on your Instagram account and displayed there to your contacts. If you do not want Instagram to directly map the data collected via our website into your Instagram account, you must log out of Instagram before visiting our website. Further information can be found in the privacy policy from Instagram (https://help.instagram.com/155833707900388). HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION? We do not retain your personal information for longer than is necessary to achieve the specific purpose for which it was collected, to respond to your requests, or for longer periods if legally required. If we retain your personal information for historical or statistical purposes we ensure that the personal information is anonymized or de-identified.

HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION

Basic contact details including your name, address, phone number, email.

The information entered in the contact form will remain in our systems until you ask us to delete it, revoke your consent for saving it or until the purpose of saving the information is rendered obsolete (e.g., after your enquiry is completed). Mandatory legal retention periods remain unaffected.

Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.

Account information including your username, password and security questions.

Shopping information including the items you view, put in your cart or add to your wishlist.

Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Cookies

Most of the cookies we use are so-called “Session-Cookies”. They will be deleted automatically after your visit. Other cookies remain saved on your device until you delete them. These cookies enable us to recognise your browser at your next visit.

WHAT ARE YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION? 

• The Right to Access
• The Right to Update and / or Correct
• The Right to Delete and / or Destroy
• The Right to be Provided with Credible Evidence in support of the Information

HOW DO YOU EXERCISE YOUR RIGHTS OR CONTACT US? 

In order to contact us, or exercise any of your rights above, except the right to lodge a complaint to the Information Regulator or file a lawsuit in a court of competent jurisdiction, you should submit your request to:

Attention: The Information Officer

Entity: Imperial Logistics Group

Email Address: information_officer@imperiallogistics.com

Business address: Imperial Place 79 Boeing Road East, Bedfordview 2007 South Africa Postal address: P O Box 3013 Edenvale 1610 South Africa

MODIFICATIONS TO OUR PRIVACY NOTICE

We might be compelled to modify our Privacy Notice at any time as a result of amendments to existing legislation or any other reasons that influence the way in which we conduct business or process your personal information. In such case, an amended Privacy Notice with an accompanying date of amendment will be posted on our website. You are therefore encouraged to familiarise yourself with any amendments to our Privacy Notice every time you visit our website, before continuing your use thereof, as such changes might have an impact on the way we process your personal information.