THE PROTECTION OF PERSONAL INFORMATION ACT
CUSTOMER PRIVACY NOTICE OF JALIA TECHNOLOGIES (PTY) LTD
This Notice explains how Jalia obtains, uses and discloses your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). At Jalia Technologies (Pty) Ltd (“Jalia”) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
Jalia’s privacy policy is built on these three objectives:
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- Respect for consumer privacy.
- Provision of transparency on information processing.
- Provision of security as it relates to cybertheft, data loss and identity theft.
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- INTERPRETATION AND DEFINITIONS
In this notice:- Clause headings shall be used in the interpretation thereof;
- Any gender includes the other genders, and a natural person includes a juristic person and vice versa;
- All the annexures (if any) hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this notice;
- The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in the POPI Act;
- “Cookie/s” (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing to inter alia remember stateful information (such as items added in the shopping cart in an online store) or to record the user’s browsing activity.
- “Data subject” means the person to whom Personal information relates;
- “Employee” means a permanent, fixed term or temporary employee of Jalia;
- “Operator” means a third party that processes personal information in terms of a mandate or contract with Jalia, without coming under the direct authority of Jalia;
- “Information officer” means the person appointed by Jalia, from time to time, who is responsible for the monitoring of compliance, by Jalia, with the conditions for the lawful processing of personal information; dealing with requests made to Jalia in terms of the POPI Act; working with the Regulator in relation to investigations conducted in relation to prior authorization by the Data Subject and ensuring compliance by Jalia with the provisions of the POPI Act;
- “Person” means any person, company, close corporation, trust, partnership or other entity;
- “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to–
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the educational, medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
- “Privacy Notice or Notice” means this Notice as amended from time to time;
- “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal information, including–
- the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form; or
- merging, linking, as well as restriction, degradation, erasure or destruction of information.
- INTERPRETATION AND DEFINITIONS
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- INFORMATION COLLECTED
- Jalia collects and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly. For this purpose, Jalia will collect contact details including your name and organization details.
- Jalia collects information directly from you where you provide Jalia with your personal details. Where possible, Jalia will inform you what information you are required to provide to Jalia and what information is optional.
- Website usage information may be collected using “cookies” which allows Jalia to collect standard internet visitor usage information.
- PROCESSING OF PERSONAL INFORMATION
- Jalia will use your personal information only for the purposes for which it was collected and agreed with you, for example:
- only information that is adequate, necessary, and relevant to enable it to effectively render a service or assist in any manner required, such as the Data subject’s name, identity number (where applicable), registration number, Data subject’s employees or its director’s Personal information, contact information etc.;
- To confirm and verify your identity or to verify that you are an authorized user for security purposes;
- For the detection and prevention of fraud, crime, money laundering or other malpractice;
- To conduct market or customer satisfaction research or for statistical analysis;
- For audit and record keeping purposes;
- In connection with legal proceedings;
- Electronic communications sent to Jalia;
- Information submitted to Jalia in response to a vacancy advertisement;
- Technical information, for instance through the use of cookies, such as – activity data, such as when the Data subject completes a form on the Jalia website, subscribes to a newsletter, alerts or other services Jalia;
- information from the Data subject’s visits to the Jalia website, including the type of browser and operating system that the Data subject uses, access times, pages viewed, URLs clicked on, his IP address and the pages visited before and after navigating the Jalia website;
- social media tracking pixels that allow platforms such as Facebook and Twitter to interact with the Jalia website and give feedback on the Data subject’s actions;
- device information, including the unique device identifier, hardware model, operating system and version and mobile network information;
- Personal information that Jalia collects when it monitors other websites may include the Data subject’s public Personal information;
- Jalia may combine information that it has about a Data subject from various sources; and
- Personal information that Jalia collects when a Data subject reports events associated with one of its products which may include information such as gender, date of birth and information about the Data subject’s business.
- The Jalia website uses various technologies including “cookies” which allow the website to recognize and respond to the Data subject as an individual. The Data subject can elect to accept or decline cookies. If a Data subject elects to decline cookies, not all elements of the website may function as intended, so his website experience may be affected;
- Information on any transactions you make with Jalia, including any donations or payment, disclosing a name, address, credit card -, or banking details and amounts.
- Jalia will use your personal information only for the purposes for which it was collected and agreed with you, for example:
- INFORMATION COLLECTED
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- DISCLOSURE OF INFORMATION
- Jalia may disclose your personal information to our service providers who are involved in the delivery of products or services to you. Jalia have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
- Jalia may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights. In such an instance you will be in advance to enable you to take mitigating steps.
- DISCLOSURE OF INFORMATION
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- INFORMATION SECURITY
- Jalia is legally obliged to provide adequate protection for the personal information it holds and to stop unauthorized access and use of personal information. Jalia will, on an on-going basis, continue to review its security controls and related processes to ensure that your personal information remains secure.
- Jalia’s security policies and procedures cover:
- Physical security;
- Computer and network security;
- Access to personal information;
- Secure communications;
- Security in contracting out activities or functions;
- Retention and disposal of information;
- Acceptable usage of personal information;
- Governance and regulatory issues;
- Monitoring access and usage of private information;
- Investigating and reacting to security incidents.
- When Jalia contracts with third parties, it imposes appropriate security, privacy and confidentiality obligations on them to ensure that personal information that it remains responsible for, is kept secure.
- Jalia will ensure that anyone to whom it passes your personal information agrees to treat your information with the same level of protection as it is obligated to.
- Jalia’s website contains links to enable you to visit other websites of interest easily. However, once you have used these links to leave Jalia’s website, you should note that Jalia does not have any control over that other website. Therefore, Jalia cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and carefully peruse the privacy statement applicable to the website in question.
- Jalia is concerned about the privacy of young children and do not knowingly collect any personal information from a minor except a name and surname. Jalia encourages you to become involved with your child’s access to the internet and to Jalia’s site to ensure that his or her privacy in well protected and your child’s personal information is not disclosed.
- The transmission to Jalia of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at the Data subject’s risk.
- Despite the security measures that Jalia has in place to protect Personal information of a Data subject (firewalls, password access and encryption methods), the Data subject acknowledges that it may be accessed by an unauthorized third party, e.g. as a result of an illegal activity.
- INFORMATION SECURITY
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- HOW DOES JALIA USE THE PERSONAL INFORMATION OF A DATA SUBJECT
- Jalia may use the personal information of a Data subject to provide the Data subject with information and services including, not limited to:
- online events;
- press releases;
- job postings;
- financial results;
- marketing communications about Jalia products and services. Jalia will obtain consent for marketing to the extent required by law.
- Contact and interact with the Data subject, including to:
- respond to requests from the Data subject (for instance in case the Data subject applied for employment); and
- provide important notices and updates, such as changes to terms, standard operating procedures (SOPs), policies, security alerts and administrative messages.
- Operate Jalia’s business, including:
- Screening visitors, conducting searches for dangerous weapons and completing the attendance register for security purposes to ensure that only authorized persons enter the premises of Jalia.
- complying with applicable laws, regulations and guidance; and
- complying with demands or requests made by regulators, governments, Courts and law enforcement authorities.
- Improve Jalia’s day-to-day operations, including:
- for internal purposes such as auditing, data analysis and research to help Jalia deliver and improve its digital platforms, content and services;
- to monitor and analyze trends, usage and activities in connection with Jalia products and services to understand which parts of Jalia’s digital platforms and services are of the most interest and to improve the design and content of those platforms;
- to improve Jalia’s products and services and communications to the Data subject; and
- to ensure that Jalia has up-to-date contact information for the Data subject, where applicable.
- Jalia may use the personal information of a Data subject to provide the Data subject with information and services including, not limited to:
- HOW DOES JALIA USE THE PERSONAL INFORMATION OF A DATA SUBJECT
- HOW LONG WILL JALIA KEEP PERSONAL INFORMATION OF A DATA SUBJECT
- Jalia will always keep the Personal information of a Data subject for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, Jalia will keep Personal information of a Data subject:
- for as long as needed to provide the Data subject with access to services he has requested;
- where the Data subject has contacted Jalia with a question or request, for as long as necessary to allow Jalia to respond to the question or request and as required by law.
- Instances where sharing of Personal information of a Data subject by Jalia is permitted
- Jalia may share Personal information of a Data subject with the following third parties:
- Jalia agents and suppliers, including those who provide it with technology services such as data analytics, hosting and technical support;
- Jalia’s professional advisors, auditors and business partners;
- regulators, governments and law enforcement authorities; and
- other third parties in connection with re-organizing all or any part of Jalia’s business.
- Personal information of a Data subject may be processed by Jalia and Jalia’s third party suppliers outside of the Data subject’s home country. Personal information laws in the countries to which the Personal information of a Data subject is transferred may not be equivalent to, or as protective as, the laws in the Data subject’s home country.
- Jalia will implement appropriate and reasonable measures to ensure that the Personal information of a Data subject remains protected and secure when it is transferred outside of the Data subject’s home country, in accordance with applicable Personal information protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses.
- Jalia may share Personal information of a Data subject with the following third parties:
- The Data subject’s rights regarding his Personal information The Data subject is entitled to:
- request Jalia for access to Personal information Jalia holds about him;
- request the correction and/or deletion of his Personal information;
- request the restriction of the processing of his Personal information, or object to that processing;
- withdraw his consent to the processing of his Personal information (where JALIA is processing his Personal information based on his consent);
- withdraw his consent to receive marketing messages;
- request for the receipt or the transfer to another organization, in a machine readable form, of the Personal information that he has provided to Jalia; and
- complain to his local data protection authority if his privacy rights are violated, or if he has suffered as a result of unlawful processing of his Personal information.
- What the Data subject should do if he/she does not want to provide Jalia with his Personal information:
- Where a Data subject is given the option to share his Personal information with Jalia, he can always elect not to do so.
- If a Data subject objects to the processing of his Personal information, or if he has provided his consent to processing and he later choose to withdraw it, Jalia will comply with the request in accordance with its legal obligations. Jalia’s legal obligations in respect of the withdrawn information shall therefore cease to exist.
- Jalia will always keep the Personal information of a Data subject for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, Jalia will keep Personal information of a Data subject:
- Correction of your information
- You have the right to ask us to update, correct or delete your personal information.
- We will require a copy of your identity document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate and up to date.
- How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website at https://jalia.co.za/about/, or via email at informationofficer@jalia.co.za .