AMC AMC Cookware (Pty) Ltd and subsidiary companies
Consultant Independent contractor of AMC
App AMC Cookware South Africa Consultant App
Website The website www.amcsa.co.za and all pages linked to the domain, excluding third party websites
By using this website, you agree to be bound by these terms and conditions, which become effective when you access our website for the first time and constitute a binding agreement between AMC and yourself.
These terms and conditions are included by reference in the Terms and Conditions with you as a customer or as a consultant of AMC.
These terms and conditions are included by reference in the social media accounts of AMC, including Facebook, Instagram and WhatsApp groups.
You consent to the collection and use of your information in the manner that is specified in this policy if
- You use this website
- You agree to purchase from AMC
- You agree to become a Consultant of AMC
- You use the AMC App
By using this site, you indemnify and absolve AMC from any and all liability and/or claims that may arise in relation to using the website as well as indemnifying AMC against any direct, indirect, consequential, third party and other claims howsoever arising.
We undertake to follow POPI at all relevant times and to process personal information lawfully and reasonably, so as not to infringe unnecessarily on your privacy.
We undertake to process information only for the purpose for which it is intended, to enable us to do our work, or as agreed with you.
Whenever necessary, we shall obtain consent to process personal information.
Where we do not seek consent, the processing of your personal information will take place if
- processing is necessary for a contract
- there is a legal obligation placed upon us,
- You have not objected and
- processing is required to protect your legitimate interest
- processing is necessary for the legitimate interest of AMC
We shall stop processing personal information if the required consent is withdrawn, or if a legitimate objection is raised.
We shall collect personal information directly from the person whose information we require, unless there is a legal exception to collect in a different manner.
We shall advise you of the purpose of the collection of the personal information.
We shall retain records of the personal information we have collected for the minimum period as required or authorised by law, where reasonably required for lawful purposes or where required by a contract between us and you, unless you have furnished your consent or instructed us to retain the records for a longer period.
We shall destroy or delete records of the personal information (so as to de-identify the person) as soon as reasonably possible after the time period for which we were entitled to hold the records have expired.
We shall restrict the processing of personal information where legally required to do so.
The further processing of personal information shall only be undertaken:
- if we have your consent, or such processing is required by law;
- where the information is used for historical, statistical or research purposes and the information will not be published in identifiable form; or
- where this is required by the Information Regulator appointed in terms of POPI.
Further processing must be compatible with the purpose for which it was collected, considering its original purpose, the type of information, the way it was collected, the rights and obligations of the person and AMC and the consequences to the person.
We undertake to ensure that the personal information which we collect and process is complete, accurate, not misleading and up to date.
We undertake to put sufficient, necessary and reasonable security safeguards on physical and electronic data related to the processing of the personal information. We know that no method of transmission over the internet or electronic storage is perfectly secure and reliable and we cannot guarantee absolute security.
In cases where your consent is required to process your personal information, this consent may be withdrawn.
In cases where we process personal information without consent to protect a legitimate interest, to comply with the law or to pursue or protect our legitimate interests, you have the right to object to such processing.
All people are entitled to lodge a complaint regarding our application of POPI with the Information Regulator.
Relationship between AMC Consultants and AMC
AMC Consultants and unappointed Sales Managers are independent contractors of AMC and collect personal information from their Recruits and Customers. They provide selling services to the Customers. They are Responsible Parties in their own right and must protect personal information.
The nature of the relationships between Consultants and Customers is often related to close personal relationships and such information is therefore outside the ambit of privacy laws.
AMC collects personal information from the Customer in order to provide the products and services requested by the Customer. This is to protect the legitimate interest of the Customer.
AMC will inform Consultants about their duty to protect personal information.
Purpose of Collecting Personal Information
We may obtain personal information about you (such as your name, email address, phone number, payment and transaction details, etc) whenever you use this website or enter into an agreement with us.
We may use your personal information to identify you, perform administration, prevent and detect fraud, send communication, perform security voting, improve our products and services, perform historical and statistical reporting and analysis, comply with legislation and reporting requirements and to build data driven models to better provide services.
We may monitor and record communications with you for the purpose of quality assurance, training, fraud prevention and compliance.
We may use the personal information of our customers to provide sales and services to them, provide after-sales service, process future orders faster and more efficiently, enforce legal rights, maintain account information, to send useful information about new products, articles and recipes in marketing communication (subject to permission from the person) and provide consultants with the opportunity to keep them informed about new products and opportunities.
We may use the personal information of our consultants to provide information to enable them to sell effectively and efficiently (including by email), track the commission and incentives owing to them and paying it out correctly and timeously, include them on social media groups for the purposes of creating teams and sharing information (including Facebook and WhatsApp) and to assess performance. We may collect and store photographs of our consultants for identification and marketing material purposes.
We will also obtain personal information you provide when you download or register to use the App, send us feedback, post material, contact us for any reason and by any medium, sign up to a service, make purchases using the App, complete a survey, report a problem with any of the App. We may further retain a record of any contact you make with us.
Use of Social Media by Customers and Consultants
Personal information posted on social media including WhatsApp groups, Facebook, Instagram, among others is deemed to be information that was intentionally made public by the person. Nevertheless, we undertake to use such information judiciously.
Users of AMC affiliated social media accounts, including, but not limited to consultant and manager WhatsApp groups, employee WhatsApp groups, official and unofficial Facebook pages and Instagram, are not permitted to post personal information of any other person without the consent of the other person. We will delete any unauthorised personal information posted on our social media pages.
Personal information related specifically to the App and Website
We may also collect information about your device each time you use the App or website. For example, we may collect information on the type of mobile device that you are using and its unique device identifier (for example, the IMEI number, the device’s mobile phone number, or the MAC address of the device’s wireless network interface), the type of mobile browser that you are using, the mobile operating system that you are using and mobile network information.
AMC built the App as a free app. This service is provided by AMC at no cost and is intended for use as is. The personal information that we collect is used for providing and improving the service.
We want to inform you that whenever you use our App, we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
We use Google Remarketing on this website. Remarketing allows us to serve our advertisements to users who visited our website when they visit other websites that are part of Google's advertising network. This helps us connect with these potential customers while they browse other websites.
Remarketing is an anonymous service and does not identify you personally - it simply identifies the pages visited on our website by recognising the unique identifying number of the cookie on your computer.
If you would like to opt-out of Remarketing, you can choose to not allow us to track cookies on the website. This option is given to you when you land on the website.
We use a third party service offered by Google called Analytics Demographics and Interest Reporting, which allows us to collect data about age, gender and interest and how you use our website, so that we can optimise your website experience.
The Website makes use of the following cookies in order to improve the quality of service provided to you. These include cookies on the website itself and cookies from third parties that enable us to offer you information about our products and services on other sites. Third party providers include:
We shall not process any of this Special Personal Information without your consent, or where this is necessary for the establishment, exercise or defense of a right or an obligation in law.
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to take the necessary actions.
Your rights to request and correct data
You have a right to request that we confirm, free of charge, whether or not we hold any personal information about you in our records.
If we hold such personal information, on request, we shall provide you with the record, or a description of the personal information, including information about the identity of all third parties or categories of third parties who have or have had access to the information. We shall do this within a reasonable period of time, in a reasonable manner and in an understandable form. We reserve the right to charge a fee of R500 plus VAT for processing a request.
You have a right to require us to correct or delete personal information that we have, which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or which has been obtained unlawfully.
Please direct any requests in terms of this section to email@example.com
Sharing of your data
Your personal information may be stored outside South Africa in jurisdictions with at least equivalent data protection in place.
We may disclose your personal information to other companies within our group, our agents and service providers and law enforcement and regulatory authorities as required by law.
We may employ third-party companies and individuals due to the following reasons:
- To facilitate the products and services we provide to you;
- To provide services on our behalf;
- To perform services related to the provision of the App or website, as well as the provision of storage and communication; or
- To perform analysis for us
- To perform statutory duties for us.
We require third parties to maintain policies whereby they are compliant with POPI or equivalent legislation in their jurisdiction.
Links to Other Sites
How long do we keep your data?
We will keep your personal information for so long as it is required by law or for a longer period that is reasonably required to give effect to the legitimate interest of you and/or AMC.
We may carry out direct marketing (using any form of electronic communication) to you if you opted in to receiving more information about AMC. Every time we send direct marketing to you, you have the option to object to receiving further marketing from us.
As an AMC consultant, we may send you relevant information regarding current promotions, competitions and any other information regarding your performance. This is not direct marketing in relation to you.
How to contact AMC
The full contact details of AMC are maintained in our PAIA manual which can be accessed here.
AMC Cookware PAIA Manual
View and download our PAIA manual here