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personal information for direct marketing purposes within the consent’s
parameters. You should however be able to opt-out from continuing to receive
such direct marketing at any time. For a responsible party to obtain the
informed consent required by POPIA, the responsible party must obtain such
consent through a sufficiently detailed privacy policy.
Section 69(2)(b) requires that a responsible party obtain your consent in the
manner and form prescribed by the POPIA Regulations. An example of such a
consent document can be found in the Regulations.
Commercial Such a consent document should, among other things, draw your attention to

the provisions of section 69 of POPIA, indicate what the terms ‘processing’ and
‘personal information’ mean in terms of POPIA, stipulate that your consent is
obtained in relation to the goods and/or services specified in the document,
as well as stipulate that your consent is obtained in respect of each means
of electronic communication the responsible party intends to use for direct
marketing.
In the event that you do not give express consent through a policy or consent
document, but you are a customer of the responsible party, your consent
could be implied by virtue of you being a customer and therefore interested in
learning more about the responsible party’s products and/or services.

However, the responsible party may only use your personal information for
marketing purposes (1) where the responsible party obtained your personal
information in the context of a sale of a product and/or rendering of a service,
(2) for the purpose of direct marketing of the responsible party’s own similar
products and/or services and (3) where you have been given a reasonable
opportunity to object (free of charge and without unnecessary formalities) to
receiving such marketing.

Accordingly, in your situation it could be argued that the store would be
allowed to use direct marketing if you are a customer but that they must afford
you the opportunity to reject any type of direct marketing, typically through
an “opt-out” opportunity if you no longer wish to receive direct marketing
messages from them.

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