1.1.
Welcome to the Website set out in item 1.6 of
the Schedule (“Website”), owned
and operated by the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) set
out in item 1.1 of the Schedule (SUKIM DIGITAL ADVERTISING). The Organisation
is committed to protecting the privacy of the user of the Website. The Sukim
Digital Advertising (SUKIM DIGITAL ADVERTISING) values the trust of its
subscribers and all others who work with it, and the Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) recognises that maintaining your trust requires
transparency and accountability in how the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING) handles your Personal Information. This privacy policy (“Policy”) is
incorporated into and is subject to the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING)’s
standard terms and conditions and the general terms relating to the use of the
Website.
1.2.
In performing the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING)’s
services in the ordinary course of business, the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING) may collect, use and disclose Personal Information. Anyone
from whom the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) collects
such information can expect that it will be appropriately and lawfully
protected and that any use of or other dealing with this information is subject
to consent, where this is required by law. This is in line with the general
privacy practices of the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING).
1.3.
This Policy sets out how the Sukim Digital
Advertising (SUKIM DIGITAL ADVERTISING) collects, uses, discloses, and
safeguards the Personal Information it processes in the course of its business.
2.1.
In this Policy, in addition to the other terms
that have been defined in the body of the Policy, the Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) makes use of the following terms:
2.1.1.
"Personal
Information" means all information which may be considered to be
personal in nature or information about an identifiable natural and / or
existing juristic person (where applicable) in terms of the Electronic
Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA") and the Protection of
Personal Information Act 4 of 2013 (“POPIA”); and
2.1.2.
“User, you, your or yourself” refers
to any person who makes use of the Website for any purposes whatsoever, whether
or not such use is free of charge or paid for.
2.2.
In addition, unless the contrary is specified,
terms that are used in the Policy that are specifically defined in POPIA, are
given the meanings ascribed to them in POPIA.
The Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) may collect Personal Information in conducting its
ordinary business operations, including through the use of its Website. In
processing such Personal Information, the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING) at all times ensures that (i) it complies with the
provisions of POPIA, and (ii) such Personal Information is used for legitimate
business purposes.
The Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) does not, except where otherwise permitted by law,
collect, use or disclose your Personal Information without your consent.
5.1.
The Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) operates its Website, and conducts its business in general, in
accordance with South African legislation. The Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING) considers it imperative to protect the privacy interests
of data subjects.
5.2.
In the event that the Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) sends Personal Information outside of South Africa
(including if such information is hosted offshore), the Sukim Digital
Advertising (SUKIM DIGITAL ADVERTISING) will ensure that it takes all
reasonable steps to ensure that it complies with all applicable laws in this
regard, including POPIA.
All Personal Information
retained on the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING)’s
database, including such information obtained through the use of the Website,
is in accordance with the retention provisions set out in the applicable laws
and regulations of South Africa, including those set out in POPIA
7.1.
It is important to note that you have rights in
relation to your Personal Information.
7.2.
You have the right to contact the Sukim Digital
Advertising (SUKIM DIGITAL ADVERTISING) at any time to ask the Organisation to:
7.2.1.
confirm that it holds your Personal Information
(at no charge);
7.2.2.
provide you access to any records containing
your Personal Information or a description of the Personal Information that the
Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) hold about you (subject
to payment of a prescribed fee); and / or
7.2.3.
confirm the identity or categories of third parties
who have had, or currently have, access to your Personal Information (also
subject to payment of a prescribed fee).
7.3.
The Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING)’s
contact information is as set out in item 1.1 of the Schedule.
7.4.
When you make a request regarding your Personal
Information, the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) will
take reasonable steps to confirm your identity.
7.5.
There may be times when the Sukim Digital
Advertising (SUKIM DIGITAL ADVERTISING) cannot grant access to your Personal
Information, including where granting you access would (i) interfere with the
privacy of others, or (ii) result in a breach of confidentiality. The Sukim
Digital Advertising (SUKIM DIGITAL ADVERTISING) will always provide you with
reasons if this is the case.
7.6.
If you are of the view that any Personal
Information that the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING)
holds about you is incorrect in any way, including that it is inaccurate,
irrelevant, outdated, incomplete or misleading, you are allowed to ask the Sukim
Digital Advertising (SUKIM DIGITAL ADVERTISING) to correct it. If you believe
that any Personal Information that the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) holds about you is excessive or has been unlawfully obtained, you
can ask the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) to destroy or
delete it. You may do the same if you think that the Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING) has retained if for longer than necessary, given
the purpose. The Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) will do
so unless there are good grounds not to (such as that the Sukim Digital
Advertising (SUKIM DIGITAL ADVERTISING) is required to hold it for a period
prescribed by any applicable legislation).
7.7.
It is important, however, to understand that if
you withdraw your consent for the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) to use some of your Personal Information, it may affect the
quality and level of service that the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) can provide to you.
8.1.
The Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) has adopted a security model to protect your Personal Information
that complies with generally accepted information security practices and
procedures. As part of the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING)’s
security systems, the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) has
implemented fire-wall technology, password controls, encryption processes and
antivirus software. This is in addition to the physical security measures adopted by the
Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) to ensure that it takes
all appropriate, reasonable technical and Sukim Digital Advertising
Organisational measures to prevent (i) loss of, damage to, or unauthorised
destruction of Personal Information, and (ii) unlawful access to or processing
of Personal Information. The Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) has a stringent security policy in place that every officer,
employer and supplier of the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) must adhere to.
8.2.
The Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) confirms that it takes all reasonable measures to:
8.2.1.
identify all reasonably foreseeable internal
and external risks to any Personal Information in its possession or under its
control;
8.2.2.
establish and maintain appropriate safeguards
against any risks that are identified by the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING);
8.2.3.
regularly verify that these safeguards are
effectively implemented by or on behalf of the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING); and
8.2.4.
ensure that such safeguards are continually
updated in response to new risks or deficiencies in previously implemented
safeguards.
9.1.
The Website uses cookies in a limited way.
9.2.
Cookies are small files containing information
that a Website uses to track a visit by
a user. The Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) uses session
cookies to better understand how the Website is used by users to improve the
performance of the Website for users, particularly the way search pages are
delivered. The Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) has
installed settings on the Website to ensure that session cookies do not remain
on your computer at the end of your visit to the Website, and cannot be used to
obtain any personally identifiable details.
10.1.
The Website may contain links to third party
websites. In the event that you follow a link to any of these websites, it is
important to note that these websites have their own terms of use and privacy
policies and that the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING)
does not accept any responsibility or liability for them. If you (i) are a client of the Organisation,
or (ii) are a user of the Website, and you have purchased products or services
from the Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING), the
Organisation may use your contact details to send you details of any new
similar products or services which the Organisation thinks you would be
interested in. In doing so, the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) will at all times comply with any applicable direct marketing
laws.
10.2.
Any communications that you do receive from the
Sukim Digital Advertising (SUKIM DIGITAL ADVERTISING) pursuant to clause 11.1
will set out how to opt out of receiving future communications from the Sukim
Digital Advertising (SUKIM DIGITAL ADVERTISING), free of charge, if you no
longer wish to receive material for any reason whatsoever. The Organisation
will only send you marketing messages when you tick the relevant boxes at
certain times when engaging with the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING).
10.3.
As the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) is not responsible for any representations, information,
warranties and / or content on any Website of any third party (including
websites linked to this Website), the Sukim Digital Advertising (SUKIM DIGITAL
ADVERTISING) does not exercise control over third parties' privacy policies and
the onus is on the User to refer to the privacy policy of any such third party
before providing them with any of your Personal Information.
The Sukim Digital Advertising
(SUKIM DIGITAL ADVERTISING), in its sole discretion, reserves the right to
update, modify or amend this Policy from time to time with or without notice.
You therefore agree and undertake to review the Policy whenever you visit the
Website. Save as expressly provided to the contrary in this Policy, any amended
version of the Policy shall supersede and replace all previous versions
thereof.
Questions, concerns or
complaints related to this Policy or the Sukim Digital Advertising (SUKIM
DIGITAL ADVERTISING)’s
treatment of Personal Information should be directed to the email address set
out in item 1.5 of the Schedule.