Definitions and interpretation
collectively all information that you submit to the Company via the Website, or other channels such as e-mail, telephonic discussions, posted mail, or fax. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
eCreate (Pty) Ltd
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation.
the General Data Protection Regulation (EU) 2016/679;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by the Company and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to the Company and accessing the Website in connection with the provision of such services; and
the website that you are currently using, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it; and
- For purposes of the applicable Data Protection Laws, the Company’s Data Protection Officer is the “data controller”. This means that the Company’s Data Protection Officer determines the purposes for which, and the manner in which, your Data is processed.
- We may collect the following Data, which includes personal Data, from you:
- date of birth;
- contact information such as email addresses and telephone numbers;
- demographic information such as postcode, preferences and interests;
- payment and credit card information;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected); and/or
- device (automatically collected)
How we collect Data
- We collect Data in the following ways:
- data is given to us by you; and
- data is collected automatically.
Data that is given to us by you
- The Company may collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you elect to receive marketing communications from us; and/or
- when you use our services;
Data that is collected automatically
- To the extent that you access the Website, we may collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to the Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- we will collect your Data automatically via Cookies, in line with the Cookie settings on your browser. For more information about Cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Our use of Data
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services; and/or
- transmission by email of marketing materials that may be of interest to you,
- We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
- For the delivery of direct marketing to you via e-mail, we will need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
- When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
- We may share your Data with the following groups of people all for reasons of providing our services to the User and/or for improving the quality and range of services provided:
- any of our group companies or affiliates;
- our employees, agents and/or professional advisors;
- third party service providers who provide services to us which require the processing of personal data;
- third party payment providers who process payments made over the Website; and/or
- relevant authorities,
Keeping Data secure
- We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a username that is unique to you; and
- we store your Data on secure servers.
- Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via our contact email address.
- If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is a data privacy initiative supported by leading businesses, and in the UK, by Her Majesty’s Government.
- Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
- You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
- To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via our contact e-mail address.
- While our data protection and retention policies are in-line with GDPR best-practices, we provide services to clients based across the globe, and do not specifically target EU citizens with our service offerings.
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For South Africa, this is the Information Regulator. The Information Regulator’s contact details can be found on their website at https://justice.gov.za/inforeg/.
- It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
- Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We may also share information with our group companies, some of which may be located outside the EEA.
- We will only transfer Data outside the EEA where it is compliant with Data Protection Laws and the means of transfer provides adequate safeguards in relation to your Data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
- To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties with whom we share your Data. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
- We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes of business ownership and control
- We may also disclose Data to a prospective purchaser of our business or any part of it.
- In the above instances, we will take steps with the aim of ensuring your privacy is protected.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling the Company to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- This Website may place the following Cookies:
Type of Cookie
Strictly necessary Cookies
These are Cookies that are required for the operation of our website. They include, for example, Cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- For more information on Cookies generally, including how to disable them, please refer to www.aboutcookies.org. You will also find details on how to delete Cookies from your computer.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of South Africa. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the courts of South Africa.
- Our Company, its subsidiaries, and sister companies do not address anyone under the age of 18 (“Children“). We do not knowingly offer services to, or collect personally identifiable information from anyone, under the age of 18.
- If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us.
- If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.