DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT 4 OF 2013)
POPIA POLICY
Company Name: Dia-Kim Diamonds cc
t/a Moxie Jewellery
Registration Number: 95/31489/23
Information Officer: Nicholas James Martin
1. Purpose
Dia-Kim Diamonds cc, trading as Moxie Jewellery ("the Company"), is committed to protecting
the privacy and security of personal information in accordance with the Protection of Personal
Information Act, 2013 ("POPIA").
This policy sets out how personal information is collected, processed, stored and protected in
the course of the Company's business activities, including online sales via the Company's
website (moxiejewellery.com), appointment-based showroom sales at the Company's Green
Point, Cape Town showroom, bespoke and custom jewellery design and manufacture, and
related administrative, accounting and compliance functions, including those arising under the
Financial Intelligence Centre Act, 2001 ("FIC Act").
2. Scope
This policy applies to online customers who purchase via the Company's Shopify-hosted
website, appointment-based and walk-in showroom customers, customers commissioning
bespoke or custom jewellery designs, website visitors and newsletter subscribers, suppliers and
service providers, employees, and any other third party whose personal information is
processed by the Company.
3. Types of Personal Information Processed
The Company may process, inter alia, names and contact details; identity numbers and copies
of identity documents (including where required to verify identity for purposes of the FIC Act);
physical, postal and delivery addresses; payment and transaction information, including
information processed through the Company's payment gateway and third-party
instalment/payment plan providers (Float, PayJustNow and Payflex); banking details, where
provided for refunds or direct payment; ring sizing information and custom design
specifications linked to individuals; communication records (email, WhatsApp and appointment
correspondence); images, sketches, CAD renders and other bespoke design outputs;
appointment booking and showroom visit records; closed-circuit television (CCTV) footage
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
recorded at the Company's showroom; marketing preferences of newsletter subscribers; and
any information required under the Financial Intelligence Centre Act, 2001 (FIC Act).
4. Lawful Basis for Processing
The Company processes personal information lawfully and in accordance with POPIA. Personal
information is processed on one or more of the following lawful grounds: where processing is
necessary to conclude or perform a contract with a customer, supplier or service provider,
including the sale, custom design and manufacture of jewellery; where processing is required
by law, including obligations arising from the FIC Act, tax legislation and other applicable
regulatory requirements; where processing is necessary for the legitimate business interests of
the Company, including the security of the Company's showroom and stock by way of CCTV,
provided such processing does not infringe the rights of the data subject; and where the data
subject has provided voluntary, specific and informed consent, such as subscribing to the
Company's newsletter or marketing communications.
Where personal information is processed to comply with a legal or regulatory obligation,
consent is not required and may not be withdrawn.
The Company does not process personal information in a manner that is unlawful, excessive or
unrelated to its business activities.
5. Use of Personal Information
Personal information is used to provide jewellery sales, custom design and manufacture, both
online and in-store; to process online orders and payments via the Company's Shopify website
and associated payment gateway; to facilitate instalment or deferred payment arrangements
via third-party providers (Float, PayJustNow and Payflex), who process such information subject
to their own privacy terms; to schedule and manage showroom appointments; to take ring
sizing and design measurements for custom and bespoke pieces; to process payments,
invoicing and bookkeeping (via Shopify and Xero) and to liaise with the Company's outside
accountant; to arrange delivery and courier of purchased items; to comply with anti-money
laundering and other obligations under the FIC Act; to maintain the security of the showroom,
staff, customers and stock by means of CCTV; to communicate with customers regarding orders
and appointments and, where consented to, marketing and newsletter content; and to fulfil
other legal and regulatory obligations.
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
6. Sharing of Information
Information may be with shared e-commerce providers, payment processors, accounting
software and financing partners where a customer elects to use these facilities; courier and
logistics providers, for delivery of purchases; payment processors; professional advisors
(auditors, legal advisors, compliance consultants); and regulatory bodies, including the Financial
Intelligence Centre (FIC) and the South African Police Service, where legally required or where
necessary to investigate theft, fraud or security incidents.
The Company does not sell personal information to third parties.
7. Operators (Third-Party Processors)
The Company ensures that all third-party operators that process information on its behalf are
subject to the appropriate contractual and security obligations.
8. Cross-Border Transfer
The Company's website, e-commerce and accounting service providers may store or process
personal information on servers located outside of South Africa. Where personal information is
transferred outside of South Africa, the Company ensures that the recipient is subject to
adequate data protection laws or equivalent contractual safeguards, or that the provider's
standard contractual terms provide adequate protection consistent with POPIA.
9. CCTV Surveillance
The Company operates CCTV cameras at its showroom for the purposes of protecting staff,
customers, stock and property, deterring and detecting crime, and assisting in the investigation
of theft, fraud or security incidents.
In relation to CCTV footage, the Company displays signage at the showroom notifying visitors
that CCTV is in operation; restricts access to CCTV footage to the Company's owners; retains
CCTV footage for a period of two (2) months, after which it is automatically overwritten or
securely deleted, unless a longer period is required to investigate an incident or in connection
with a legal or insurance claim, or at the request of the South African Police Service; and does
not use CCTV footage for any purpose other than security, crime prevention and investigation,
unless required by law.
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
10. FICA Compliance and Record-Keeping
As a dealer in precious metals and stones, the Company is subject to obligations under the
Financial Intelligence Centre Act, 2001 ("FIC Act") in addition to POPIA. The Company maintains
a separate FICA Risk Management and Compliance Programme ("FICA Risk Policy"), which
governs client identification and verification, record-keeping, reporting of suspicious and
unusual transactions, and related anti-money laundering and counter-terrorist financing
obligations.
Where personal information is collected and retained to comply with the FIC Act (including
copies of identity documents and proof of address), such information is processed and retained
in accordance with both this POPIA Policy and the Company's FICA Risk Policy; is retained for
the minimum period prescribed under the FIC Act (currently five years from the date the
relevant transaction or business relationship is concluded, or such other period prescribed by
the FIC Act from time to time), even where this exceeds the general retention periods described
in clause 12 below; and is accessible to the Company's Compliance Officer/Information Officer
and, where legally required, to the Financial Intelligence Centre and other competent
authorities.
11. Information Security
The Company implements appropriate technical and organisational measures, including access
control and password protection on all devices, accounting software and email accounts; secure
storage of physical records, including identity documents and design records, in locked and
access-restricted premises; confidentiality obligations applying to both owners and to any
contractor or outside service provider (including the outside accountant) with access to
personal information; restriction of access to personal information, including CCTV footage, on
a need-to-know basis, limited in practice to the Company's two owners; and secure, password-
protected storage of CCTV recordings.
12. Data Retention
Personal information is retained only for as long as necessary: to fulfil contractual obligations,
including warranty, resizing and after-sales service obligations; to comply with statutory
retention requirements, including FIC Act requirements referred to in clause 10 above; and for
legitimate business purposes. CCTV footage is retained for two (2) months, as set out in clause
9 above. Thereafter, records are securely destroyed or anonymised.
Where retention is required by law (including under the FIC Act), POPIA deletion rights do
not apply.
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
13. Data Subject Rights
Data subjects have the right to access their personal information, request corrections to
inaccurate information, request deletion where legally permissible, and object to processing.
Requests must be submitted in writing to the Information Officer and will be processed
within a reasonable timeframe. Requests may be declined where retention is required by
law, including under the FIC Act.
14. Data Breach Notification
In the event of a data breach, the Information Regulator will be notified, affected data subjects
will be informed where required, and remedial steps will be taken immediately.
15. Website, Cookies and Tracking
The Company's website, may collect limited technical data such as cookies, Google Analytics or
similar tracking tools to operate the site, process orders and improve the customer experience.
Users may control cookie settings via their browser.
Where a website visitor subscribes to the Company's newsletter or marketing communications,
their email address and marketing preferences are processed on the basis of their consent, and
they may unsubscribe at any time.
16. Social Media
The Company maintains a presence on social media platforms, including Instagram and
Facebook, to showcase its products, engage with customers and promote its jewellery. Where a
customer or visitor contacts the Company via direct message, comment or tag on these
platforms, including in connection with appointment requests, product enquiries or bespoke
design discussions, the Company processes that information for the same purposes, and
subject to the same safeguards, as other customer communications under this policy.
Personal information submitted directly to a social media platform, including messages,
comments and profile information, is also processed by that platform as an independent third
party, in accordance with its own privacy policy and terms of use, which the Company does not
control. Customers are encouraged to review the relevant platform's own privacy policy before
engaging with the Company through that channel.
Where a customer tags the Company or shares a photograph or testimonial referencing Moxie
Jewellery, the Company will only repost, reshare or otherwise reuse that content, together with
the customer's name or handle, with the customer's consent, which may be requested and
recorded via direct message or comment at the time.
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684DIA-KIM DIAMONDS CC
VAT#4510133749 CK95/31489/23
Tel: 021 418 4484 Cell: 082 782 5684
E-Mail: hello@moxiejewellery.com
Where the Company uses social media advertising tools that involve uploading customer
contact information (such as email addresses) to a platform to create tailored advertising
audiences, this will only be done with the affected customers' consent, obtained in accordance
with clause 4 above, and customers may withdraw that consent at any time in the manner
described in that clause.
Contact Details
All POPIA-related enquiries should be directed to:
Information Officer: Nicholas James Martin
Dia-Kim Diamonds cc
t/a Moxie Jewellery, Green Point, Cape Town
hello@moxiejewellery.com
(021) 418-4484
4 Ebenezer Road, GreenPoint, Cape Town. Tel: (021) 418-4484 Cell: 082 782 5684