Last updated: March 2022
We have other applicable terms, being our “Commercial Terms“, which apply when you become a client of ours and use our Services, and the “Browser Terms“, which apply when you visit our Website. If there is a conflict between these terms and our other terms, the Commercial Terms will take precedence – followed by this Policy, and then the Browser terms.
Changes to this Policy:unless notice is required by law, we may change this Policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will notify you of any material changes to this Policy. The current version of this Policy that applies each time you visit and/or use our Website andServices will regulate our relationship. It is your responsibility to consider the Policy each time you visitthe Website. If you do not agree with any terms of this Policy, you must stop using the Websiteand Services.
The right to privacy and this Policy is important to us. We are committed to taking steps to protect your privacy when you use the Website and Services and we therefore implement business practices that comply with applicable laws, including the Protection of Personal Information Act, 4 of 2013 (“POPIA“). In this Policy, we explain how we will use and protect your Personal Information in compliance with POPIA.
Where we refer to “Personal Information” in this Policy, we mean personal information as defined in POPIA, being information that may be used to directly or indirectly identify you. Personal Information includes, for example, your name, surname, email address, identity number, contact details, photograph and location.
Collecting your Personal Information
We collect Personal Information about you directly from you when you use our Website and Services, through the application form and supporting information submitted by you when applying for our Services, and when you communicate with us. We may also collect information about you from third parties, including public sources, references and our business partners.
Categories of personal information that we process
We collect various categories of Personal Information depending on our relationship with you, and therefore, we might not collect all of the below categories of information from or about you.
- General personal details: your name and surname, gender, date of birth, age, nationality, language preferences, identity and passport number, education and work experience information.
- Special personal information: such as health and medical information, religious affiliation, and criminal behaviour.
- Contact details:your address,contact number, email address, public social media profiles.
- Userinformation: Personal Information included in correspondence, transaction documents, use of the Services or other materials that we process when providing the Services.
- Consent records:records of any consents you have given us for using your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
- Payment details:payment method, information provided by payment gateway service provider, payment amount, date and reason for payment and related information.
- Views and opinions:any views and opinions that you choose to share with us, or publicly post about us on social media platforms or elsewhere.
- Children’s Personal Information:Although our Services are not aimed at persons under the age of 18, where we collect Personal Information of any person that qualifies as a child in terms of POPIAwhich is necessary for us to render the Services, it will be with the consent of a parent or guardian. We will only process the Personal Information of children with the consent of a parent or guardian of that child where required by POPIA.
Purposes of processing personal information
We only process adequate and relevant Personal Information for the following purposes and legal bases:
- to perform in terms of our agreement with you (provide you with the Services);
- operate and manage your account or your relationship with us;
- monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
- contact you by email, WhatsApp, social media, or other means to inform you about our Services, unless you have opted-out of such communications (direct marketing);
- form a view of you as an individual and to identify, develop or improve the Websiteand Services;
- carry out market research and surveys, business and statistical analysis and necessary audits;
- fraud prevention;
- perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
- to comply with our regulatory, legal or other obligations.
In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal as allowed for by POPIA.
We may process your Personal Information to contact you to provide you with information regarding our Services that may be of interest to you. Where we provide Services to you (where you are a customer of ours), we may send information to you about our Services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to us sending you direct marketing or otherwise in compliance with POPIA.
You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communicationor by contacting us and requesting us to do so. You can also ask us to not send you direct marketing communications when you register with us as a customer. After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact when necessary in connection with providing you with the Services or in connection with our business.
We will not sell your personal information or provide it to third parties for their marketing purposes.
Disclosure of Personal Information to third parties
We will keep your Personal Information confidential and only share it with others in terms of this Policy, or if you consent to it, or if the law requires us to share it. We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your Personal Information and to use it only in a way that we permit and in compliance with POPIA.
In general, we may share your information with our third party service providers and partners, regulatory and governmental authorities (if we are requested by them or you to do so), foreign consulates and any other third party if the law requires us to share it or if it is necessary for us to perform in terms of our agreement with you and provide you with the Services.
International transfers of Personal information
Due to the nature of the Services and our business being operational in different countries, we will need to transfer Personal Information to and from the different countries for our internal business purposes.
In compliance with POPIA, we may transfer your Personal Information to recipients in other countries. We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by POPIA.
Any Personal Information that we receive from a third party processor based in South Africa or a third country will be processed in terms of this Policy and in accordance with POPIA.
We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with POPIA.
The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information that you transfer to us using the internet and you use the internet at your own risk.
Your legal rights
You have certain rights in relation to your Personal Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:
- right of access: the right to be informed of and request access to the Personal Information that we process about you;
- right to rectification: you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
- right to erasure: the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
- right to restrict processing: you may request that we temporarily or permanently stop processing your Personal Information;
- right to object:
- you may object to us processing your Personal Information; and
- to your Personal Information being processed for direct marketing purposes;
- right not to be subject to automated decision-making: where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.
Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.
When you use our Website, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, browser type, language preference, referring site, and the date and time of each visitor request, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our Website and Services, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our Website.
In some instances, we may collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address into a rough geo-location, and we may use location information to improve and personalise our Website and Services for you.
Links on OUR WEBSITE
Our Website may include links to other apps or third party websites which don’t fall under our supervision. We cannot accept any responsibility for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects. Your use of and reliance on these links is at your own risk.
Right to object
You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if POPIA allows its use. To exercise this right or to discuss it with us, please contact us firstname.lastname@example.org.
Children’s information and special personal information
We do not intentionally collect or use children’s Personal Information (for purposes other than providing the Services to clients that are children) without the consent of a parent or guardian of the child.
We do, however, collect and/or process specialPersonal Information in order to provide you with our Services but will only do so with consent or if allowed by POPIA.
Quality and access to your information
Quality:we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email email@example.com.
Access:you have the right to request that we provide you with Personal Information that we hold about you. You must contact us directly to do so or send an email to firstname.lastname@example.org. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.
The right to access your Personal Information may further be limited in terms of Applicable Law.
Retention of information
We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Policy.
We retain Personal Information in accordance with the required retention periods in POPIAor for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this Policy. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Website and Services.
This Policy also applies when we retain your Personal Information.We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.
We will report any security breach to the applicable regulatory authority under POPIA and to the data subjectswhose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email email@example.com.
Lodging a complaint
If you want to raise any objection or have any queries about our privacy practices, you can contact our information officer firstname.lastname@example.org.
You also have the right to formally lodge a complaint to the Information Regulator in terms of POPIA as follows:
- Website: https://www.justice.gov.za/inforeg/
- Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
- Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
- Complaints email:
- POPIA: POPIAComplaints@inforegulator.org.za
- PAIA: PAIAComplaints@inforegulator.org.za
- General enquiries email: email@example.com