Last updated: August 2022
“personal information” means personal information that we process as defined in POPI, being information about you or that may identify you.
In this policy we explain your and our rights and obligations in respect of your personal information. “you” means any natural or legal person whose personal information we process. We may change the terms of this policy if the law or our business processes require it. The latest version of this policy will always apply.
The remainder of this policy generally provide information on our processing practices when we are the responsible party for the personal information processed. Please note that when we initially receive personal information about employees from employers who sign up for our services, we only process the personal information of the employees as an operator for the employer, until such time when an employee signs up to use our app and services. At this point we also become a responsible party for the employee user’s information. When we hold information as an operator, we only act on the instructions of the employer and do not use employee personal information for any of our own purposes.
Collecting your Personal Information
We collect personal information about you from the following sources:
- directly from you when you provide it to us, such as when you enter into an agreement with us, register an account, apply or become our client or user, contact us, or otherwise through the course of our relationship with you;
- from your employer if they become our client;
- from your web browser when you visit our website or app, subject to the settings of your web browser;
- from public sources where you have made your personal information public, such as on social media or online platforms;
- from your interaction with our products and services or when you use any features or resources available on or through our website or app; and
- from other third parties not listed if the law allows for it.
Categories of personal information that we process
We collect various categories of personal information depending on the reason for processing. The categories may (but will not necessarily) include:
- General personal details: for individuals, we collect for example name and surname, identity or passport number; and for juristic persons, we collect registered name, registration number, address, directors’ details and VAT details.
- Contact details: your address, contact number, email address, public social media profiles.
- User information: personal information included in correspondence between us, transaction documents, how you provide products or services to us (when you are a supplier for example) or how you use our products or services (when you are a client or user for example) outcome of training modules and assessments.
- Account details: for example, username, password (note that we cannot view this), usage data, and aggregate statistical information.
- Consent records: records of any consents you have given us, as well as any records of your withdrawal or refusal of consent.
- Payment details: for example, bank account details, remuneration, payroll and payment information, information provided by payment gateway service providers, payments made in terms of the service and related information.
- Log data and data relating to our services: for example, your device type, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the website or app and other technical communications information, including cookies and other technologies.
- Views and opinions: any views and opinions that you choose to share with us, or publicly post on social media platforms or elsewhere.
- Children’s Personal Information: our services are not aimed at persons under the age of 18 and we do not collect children’s data intentionally.
Purposes of processing personal information
We only process adequate and relevant personal information for the following purposes and legal bases:
- for our agreement with you;
- to operate and manage your application, account or relationship with us;
- to monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
- to contact you by email, SMS, push notifications or other means to inform you about our products or services. You can opt-out of such communications at any time;
- to form a view of you as an individual/juristic person and to identify, develop or improve our website, app or offerings;
- for fraud prevention;
- to carry out market research and surveys, business and statistical analysis and necessary audits;
- to perform other administrative and operational tasks like testing our processes, systems and security measures; and
- to comply with our regulatory, legal or other requirements or obligations.
We may also use your personal information for other purposes if the law allows for it, 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 in terms of POPI.
As a user of our services or app, we may contact you to provide information about our products or services. If you are not a client or user, we will only send you direct marketing communications if you consented to it, or otherwise in compliance with POPI.
You may unsubscribe from any direct marketing at any time if you contact us firstname.lastname@example.org and request to unsubscribe. We will not send you any direct marketing if you unsubscribe, but may still contact you for purposes of the agreement between us as part of our business relationship with you.
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, if you consent to it, or if the law allows or requires us to share it. We will typically share or disclose your (relevant) personal information to:
- your employer (if you are a user of the app);
- our business partners or third party processors to provide you with our products or services, such as product suppliers, data storage providers, third party payment processors, software licensors or partners etc. in accordance with written agreements with those third parties;
- legal and regulatory authorities, upon their request, or for the purposes of reporting as prescribed or for purposes of any breach of legislation;
- accountants, auditors, lawyers and other external professional advisors;
- any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
- any relevant third party in the event that we plan to or sell or transfer all or any portion of our business or assets; and
- any relevant third party provider where we use third party advertising, plugins or content in our services.
If we engage third parties to process your personal information for us, these processors will be appointed in terms of a written agreement which will in effect require them to only process personal information in compliance with POPI and to use appropriate measures to ensure the confidentiality and security of it and comply with any other requirements set out in the agreement and required by POPI.
International transfers of Personal information
Due to the nature of the products and services and our business purposes, we may from time to time need to transfer personal information to and from recipients in different countries and if we do, we will always do so in compliance with POPI. We will only transfer personal information to third parties in countries with adequate data protection laws or transfer it in terms of a written agreement with the recipient which imposes data protection requirements as required by POPI. An example of such transfer may be when a third-party technology service provider resides off shore.
We have implemented appropriate technical and organisational security measures in accordance with POPI, designed to protect personal information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing.
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 the following rights in relation to your personal information, but note that they are not absolute and may be limited under POPI. This means we may not be able to honour your requests in all instances, but if the law allows or requires us to do so, we will:
- right of access: you have the right to be informed of and you may request a copy of the personal information records that we hold;
- right to rectification: you may request that we amend or update your personal information if our records are inaccurate or incomplete;
- right to erasure: you may request that we delete your personal information;
- 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, including to object against processing for direct marketing purposes (in which case we will stop marketing); and
- 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. Note however, we may continue to process your personal information if another legal justification exists for the processing despite the fact that you have withdrawn your consent.
You can send any request or comment in respect of your privacy rights or this policy to email@example.com
When you use our website, we automatically receive and record information on our server logs from your browser. This information may for example include browser type, language preference, referring site, 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 receive information about your general internet usage through a cookie file which is stored on your hard drive. Cookies enable us to improve our website and services, estimate our audience size and usage patterns, store information about 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 do not fall under our supervision. We do not accept any responsibility for your privacy if you use these links or for the content of these sites. We display these links to make it easier for you to find information about specific subjects. If you use or rely on these links, it is at your own risk.
Children’s information and sensitive/special personal information
We do not intentionally collect or use children’s personal information.
If we ever need to collect and/or process children’s personal information or special personal information as a result of our business relationship or services, we will only do so with consent or if otherwise allowed by POPI.
Retention of information
We take reasonable steps to ensure that we only process personal information for the period necessary for the purposes set out in this policy, including any period necessary to establish, exercise or defend any legal rights.
We therefore retain personal information in accordance with the required retention periods in terms of any laws that require specific retention periods, or otherwise in terms of POPI or for legitimate business purposes. We may retain information indefinitely in a de-identified format for research and statistical purposes, which may include for example statistics of how you use the website and services.
We will report any security breach to the applicable regulatory authority in terms of POPI and to the data subjects whose 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, please send an email to firstname.lastname@example.org
Lodging a complaint
If you want to raise any objection or have any queries about our privacy practices, you can contact our information officer Deon Nobrega on email@example.com
You also have the right to formally lodge a complaint as follows:
|Law||Regulatory authority name||Contact details|
|POPI||The Information Regulator||Website: https://inforegulator.org.za/
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Complaints (complete form 5)
General enquiries: firstname.lastname@example.org