The following terminology applies to this Privacy Policy:
- “Responsible Party” means the party who determines the purpose of and means for processing personal information. This decision may be made alone or in conjunction with another party.
- “Operator” means a person who processes personal information for a responsible party in terms of a contract or mandate, but does not come under the direct authority or control of the responsible party.
- “Processing” means any activity (including automatic means) concerning personal information, and includes the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, distribution by means of transmission, distribution or making available in any other form or merging, linking, and restriction, degradation, erasure or destruction of information.
- “Personal Information” is information relating to an identifiable, living person and is not limited to information relating to race, gender, marital status, pregnancy, ethnicity, age, health, disability, religion, language, culture, education and employment, criminal history, identity number, contact details, biometric information, personal opinion, etc. Personal information also applies to juristic persons (i.e. companies, trusts and other legal entities).
This Privacy Policy governs the manner in which Capisol Software (Pty) Ltd (“CAPISOL”) and its subsidiaries, where applicable, collect, use, maintain and disclose personal information submitted to us and collected by us by using the www.capisol.co.za website (“the Website”) and the services we may offer through the Website and through your dealings with us (“the Services”).
This policy represents CAPISOL’s commitment to compliance with its obligations under the Protection of Personal Information Act, Act 4 of 2013 (POPIA). CAPISOL respects your privacy and is committed to protecting the privacy of the users of this website.
Whilst CAPISOL is committed to protecting all person’s rights to privacy and in consequence will ensure that all Personal Information is used appropriately, transparently and according to applicable law, CAPISOL has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the CAPISOL’s Information and Services, including its online platforms and applications.
We reserve our right to change our Privacy Policy as necessity dictates.
Where we have been contracted by another company to provide Operators services for that company, please be aware that we are not the entity responsible for making decisions on your data. We are rendering services to the company that you are dealing with directly. Please refer to the Privacy Policy of the company you are dealing with in these cases.
Where you are dealing with us directly by means of our Website or Services, this Privacy Policy applies. You are not required to provide us with any personal information when using the Site, unless you choose to engage with us in a manner that requires us to have your information (such as enquiring about our Services). Should you engage us for our Services, you will be required to provide further information as detailed in this Privacy Policy.
The types of personal information that CAPISOL may process includes information which is necessary for our legitimate business and administrative purposes. This may include your name, surname, identity number, passport number, birth date, gender, age, physical address, postal address, email address, cell phone number, and company information in the case of a corporate organisation or juristic person (“Personal Information”, as defined in the Terminology clause of this policy).
We will limit the types of Personal Information which we Process to only that to which you consent and which is necessary for our legitimate business interests and for the purposes of facilitating the business relationship between you and CAPISOL. We will only process your personal information for lawful purposes relating to our business if one or more of the following applies:
– if you have consented thereto;
– if a person legally authorised by you, the law or a court, has consented thereto;
– if it is necessary to conclude or perform under a contract we have with you;
– the law requires or permits it;
– if it is required to protect or pursue your, our or a third party’s legitimate interest; and/or
– if you are a child, a competent person (like a parent or guardian) has consented thereto.
We will collect Personal Information from you when you register on our website or when we otherwise interact with you on various other platforms.
Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us.
Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Additional information captured on the website that does not classify as personal information may also be collected and processed, including but not limited to:
-anonymised information,
-de-identified information that cannot be associated with an individual,
-statistical information,
-information that is public knowledge, which has been publicly and voluntarily disclosed.
To the extent allowed by law, CAPISOL may use your Personal Information:
– to provide the services to you;
– to retain and make available to you any information as part of the services;
– to verify your details;
– to facilitate any payments by you regarding your business with CAPISOL;
– to provide you with any publications and newsletters;
– for security, administrative and legal purposes (including enforcing any rights we may have against you in law); and
– for helping us in any future dealings with you.
CAPISOL may be required to disclose your Personal Information without your consent when such disclosure is required by law or any order, notice or request of a regulatory authority.
If you are a juristic person (like a company or close corporation) we may collect and use personal information relating to the juristic person’s directors, officers, employees, management and other persons related to the juristic person. These are related persons. If you provide the personal information of a related person to us you warrant that the related person is aware that you are sharing their personal information with us and you warrant that the related person is aware that you are sharing their personal information with us and that the related person has consented thereto. We will process the personal information of related persons as stated in this Privacy Policy, thus references to “you” or “your” in this Privacy policy will include related persons with the necessary amendments.
CAPISOL may collect and use Personal Information for the following purposes:
As Operator
We will only process personal data as a result of the provision of our Services, or in operating our Website and applications, as agreed with the Responsible Party. These instructions are included in our engagement contracts with Responsible Parties. Should we have reason to believe that the Responsible Party’s instructions infringe on data protection regulation, we will inform the Responsible Party promptly.
We will ensure that our employees are subject to confidentiality agreements and any statutory privacy obligations.
In our capacity as Operator, and to provide Responsible Parties with the agreed-upon Services, we may need to use other service providers, as well as hire new providers in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this Privacy Policy and implement all necessary security measures to ensure adequate protection of the data.
In the event that we should change service providers that are involved in providing Responsible Parties with Services, or where we may need to hire additional companies to provide the Services, Responsible Parties have the right to reasonably oppose such an appointment. Such opposition shall be addressed on a case-by-case basis in accordance with the appropriate data protection regulation.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At the Responsible Party’s request and expense and considering the nature of processing and the information available to us, we shall reasonably assist the Responsible Party in compliance with the security obligations set forth by data protection regulations.
As Responsible Party
In our role as Responsible Party, Website users’ personal information will be used:
– To process payments
We may use the information users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
-To run a promotion, contest, survey or other Website feature
-To send users information they agreed to receive about topics we think will be of interest to them.
-To send periodic emails
We may use the user’s email address to respond to their inquiries, questions, and/or other requests. If the user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
In certain instances, CAPISOL may transfer user’s Personal Information to third parties in a country outside of South Africa when such transfer of Personal Information is required for lawful purposes relating to our business and you have provided such consent and/or to facilitate any transfers of funds, provided that if the country outside of South Africa does not have substantially similar laws which provide for the protection of Personal Information as South Africa, we will take the necessary steps to ensure that your Personal Information is adequately protected in that country.
Your agreement to the terms of this Privacy Policy, followed by your submission of information in connection with our Services, represents your agreement to this cross-border transfer of personal data.
Our primary region for storing and process data is South Africa.
We do not sell, trade, or rent users’ personal identification information to others.
Our contracts dictate that third-party service providers may not use your information for their own benefit or for any services other than those requested by us.
We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
When you authorise us to do so, we may also share your data with other companies so that they can process the data for other purposes, such as research, as will be explained in more detail when we request your prior consent.
In addition, if you provide consent for the installation of cookies (as described in this policy), your data may be processed by third parties. These cookies are subject to the third parties’ respective Privacy Policies.
Where necessary and compelled by authorities to do so, we may share your information with law enforcement and competent courts. We may also share your information where we have to take legal action to protect our, or third-party rights.
You acknowledge that all Personal Information Processed by us may be stored by us and used for any of the purposes listed in this Privacy Policy. We will store your Personal Information only for a reasonable time to enable us to use it for the purposes described in this Privacy Policy.
We will keep your personal information for as long as:
-the law requires us to keep it,
-a contract between you and us requires us to keep it,
-you have consented to us keeping it and/or
-we require it for our lawful business purposes.
For the avoidance of doubt we may keep your personal information even if you no longer have a relationship with us, if the law permits.
CAPISOL adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.
CAPISOL will store all the personal information in secured environments, for example on secured servers in a protected data centre.
CAPISOL makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however, CAPISOL advises that it cannot guarantee the security of any information provided to the CAPISOL or by the CAPISOL through CAPISOL’s website, e-mail, internet or social media sites. Following this CAPISOL cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond the CAPISOL’s reasonable control.
The CAPISOL website may contain links to other websites outside of CAPISOL’s control. CAPISOL is not responsible for the content, privacy or security of these other third party-controlled websites.
CAPISOL makes use of cookies, as fully described elsewhere in this policy.
CAPISOL makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn, Google+ and Twitter. Please note that CAPISOL has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and CAPISOL can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
Subject to the provisions above, CAPISOL has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and/or against unauthorised access, accidental or wilful manipulation, loss or destruction.
In the event of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, we shall promptly assess the risk to people’s rights and freedoms and without undue delay report this breach to the appropriate authorities, controllers, Responsible Parties, and subjects as required by law.
We will cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach.
You have the right to request access to, and rectification or erasure of your personal information. You may also restrict process, or object to processing in accordance with relevant data protection regulation.
In cases where consent was given, you have the right to withdraw consent at any time.
If you do request that your information is deleted, all information will be permanently erased, except for information that we are required to keep by law. You may exercise your rights at any time by lodging a request with our Information Officer at chris@capisol.co.za.
A “cookie” is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The “cookie” contains information to personalise your experience on our websites or applications and may improve your experience on our websites or applications. The “cookie” will also identify your device, like the computer or smartphone. By using our websites or applications you agree that “cookies” may be forwarded from the relevant website or application to your computer or device. The “cookie” will enable us to know that you have visited the website or application before and will identify you. We may also use the “cookie” to prevent fraud.
Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
Users may find advertising or other content on our Website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website, is subject to that other website’s own terms and policies.
CAPISOL has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Website and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones described in this Privacy Policy, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.
By using this Website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.
To find out what the Personal Information we have processed that relates to you, to cancel it and/or to correct or update your Personal Information, please make such request to CAPISOL in writing.
You may request CAPISOL at any time to correct any of your Personal Information should it come to your attention that CAPISOL’s records are incorrect.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Capisol Software (Pty) Ltd
www.capisol.co.za
PO BOX 521
River Club
2149
+2710 822 3370
The contents of this Privacy Policy and the Terms shall be governed by South African law.
If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation of full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines otherwise.
Any person may submit a complaint to the Regulator alleging interference with the protection of the personal information of a data subject.
You therefore have the right to complain to the Information Regulator, whose contact details are:
Tel: 012 406 4818
Fax: 086 500 3351
Email: inforeg@justice.gov.za
This document was last updated on 22 May 2021
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