Software Africa's Data Privacy Policy
This policy sets out the basis on which any personal data we collect
from you, or that you provide to us, will be processed by us. Please
read the following carefully to understand our views and practices
regarding your personal data and how we will treat it.
For the purpose of the South African Protection of Personal
Information Act, Act 4 of 2013 (the POPI Act, or POPIA), and any and all other applicable laws
and regulations relating to the processing of personal data and
privacy (the "Data Protection legislation"), we act as the data
controller. Our nominated representative for the purposes of the
Data Protection Legislation is as given in our PAIA Statement.
- INFORMATION WE MAY COLLECT FROM YOU
1.1 We may collect and process the following data about you:
1.1.1 information
that you provide by filling in forms on this site (our
"site") and any linked pages. This includes information provided at the time of registering
to use our site, subscribing to our newsletter or promotions, posting
material or requesting further services.
1.1.2 if
you contact us, we may keep a record of that correspondence;
1.1.3 if
you complete surveys that we use for research purposes (although for the
avoidance of doubt you do not have to respond to such surveys), the
information which you provide in response to that survey;
1.1.4 details
of transactions you carry out through our company and of the fulfilment
of your orders.
- IP ADDRESSES AND COOKIES
2.1 We
may collect information about your computer, including where available
your IP address, operating system and browser type, for system
administration and to report aggregate information to our advertisers.
This is statistical data about our users' browsing actions and patterns,
and does not identify any individual.
2.2 For
the same reason as detailed on clause 2.1, we may obtain information
about your general internet usage by using a cookie file which is stored
on the hard drive of your computer. Cookies contain information that is
transferred to your computer's hard drive. They help us to improve our
site and to deliver a better and more personalised service. They enable
us to:
2.2.1 estimate
our audience size and usage pattern;
2.2.2 store
information about your preferences, and so allow us to customise our
site according to your individual interests;
2.2.3 speed
up your searches; and
2.2.4 recognise
you when you return to our site.
2.3 You
may refuse to accept cookies by activating the setting on your browser
which allows you to refuse the setting of cookies. However, if you
select this setting you may be unable to access certain parts of our
site. Unless you have adjusted your browser setting so that it will
refuse cookies, our system will issue cookies when you log on to our
site.
2.4 Please
note that our advertisers may also use cookies, over which we have no
control.
- WHERE WE STORE YOUR PERSONAL DATA
3.1 The
data that we collect from you may be transferred to, and may be stored
at, a destination outside South Africa. It may also be processed by
staff operating outside South Africa who work for us or
for one of our suppliers. Such staff maybe engaged in, among other
things, the fulfilment of your order, the processing of your payment
details and the provision of support services. By submitting your
personal data, you agree to this transfer, storing or processing. We
will take all steps reasonably necessary to ensure that your data is
treated securely and in accordance with this privacy policy and that it
is subject to appropriate safeguards.
3.2 All
information you provide to us is stored on our secure servers. Any
payment transactions will be encrypted. Where we have given you (or
where you have chosen) a password which enables you to access certain
parts of our site, you are responsible for keeping this password
confidential. We ask you not to share a password with anyone.
3.3 Unfortunately,
the transmission of information via the internet is not completely
secure. Although we will do our best to protect your personal data, we
cannot guarantee the security of your data transmitted to our site; any
transmission is at your own risk. Once we have received your
information, we will use strict procedures and security features to try
to prevent unauthorised access.
- PURPOSE OF PROCESSING THE INFORMATION
4.1 In
order to allow us to perform our contract with you and/or where we have
legitimate interest in doing so, we may process the information held
about you for the following purposes:
4.1.1 to
ensure that content from our site is presented in the most effective
manner for you and for your computer;
4.1.2 to
provide you with information, products or services that you request from
us or which we feel may interest you, where you have consented to be
contacted for such purposes;
4.1.3 to
carry out our obligations arising from any contracts entered into
between you and us;
4.1.4 to
allow you to participate in interactive features of our service, when
you choose to do so;
4.1.5 to
notify you about changes to our service;
4.1.6 to
analyse and monitor usage behaviour;
4.1.7 to
maintain, manage and improve the Service either ourselves or via third
party suppliers; and
4.1.8 to
aggregate information about you, your spending and your use of the
Service with information about other users of the Service in order to
identify trends ("Aggregated Data"). We may pass Aggregated Data to
third parties to give them a better understanding of our business and to
bring you a better Service. Aggregated Data will not contain information
from which you may be personally identified.
4.2 We
may also process your data, or permit selected third parties to process
your data, to provide you with information about goods and services
which may be of interest to you and we or they may contact you about
these by post or telephone provided that you have opted in to receive
these communications
4.3 If
you are an existing customer, we will only contact you with information
about goods and services similar to those which were the subject of a
previous sale to you or enquiry from you where we believe these will be of interest to you
and so where we have a legitimate interest in doing so.
4.4 If
you are a new customer, and where we permit selected third parties to
use your data, we (or they) will contact you by electronic means only if
you have given express consent to this.
4.5 If
you no longer want us to process your data in the manner set out in this
clause 4, would like us to make any amendments or rectifications to your
data or would like us to delete your data from our system, please email
us at
info@softwareafrica.co.za to
advise us.
4.6 We
do not disclose information about identifiable individuals to our
advertisers, but we may provide them with aggregate information about
our users (for example, we may inform them that 50 men aged under 30
have clicked on their advertisement on any given day). We may also use
such aggregate information to help advertisers reach the kind of
audience they want to target (for example, women in Gauteng). We may make
use of the personal data we have collected from you to enable us to
comply with our advertisers' wishes by displaying their advertisement to
that target audience.
- DISCLOSURE OF YOUR INFORMATION
5.1 We
may disclose your personal information to any member of our company
where we have a legitimate interest in doing so.
5.2 We
may disclose your personal information to third parties in the following
circumstances, where we have a legitimate interest for doing so or where
it is necessary for our performance of our contract with you or where we
are legally obliged to do so:
5.2.1 in
the event that we sell or buy any business or assets, in which case we
may disclose your personal data to the prospective seller or buyer of
such business or assets as part of the sale or purchase process and to
allow this transaction to proceed;
5.2.2 if
Software Africa or substantially all of its assets are acquired by a third
party, in which case personal data held by it about its customers will
be one of the transferred assets; and
5.2.3 if
we are under a duty to disclose or share your personal data in order to
comply with any legal obligation, or in order to enforce or apply our
terms of use or terms and conditions of supply and other agreements; or
to protect the rights, property, or safety of Software Africa, our customers,
or others. This includes exchanging information with other companies and
organisations for the purposes of fraud protection and credit risk
reduction.
- YOUR RIGHTS
6.1 You
have the right to ask us not to process your personal data for marketing
purposes. We will usually inform you (before collecting your data) if we
intend to use your data for such purposes or if we intend to disclose
your information to any third party for such purposes. You can exercise
your right to prevent such processing by not checking certain boxes on
the forms we use to collect your data. You can also exercise the right
at any time by contacting us at Software Africa, as given in our PAIA Statement. Similarly, you can request any amendments or
rectifications to your data by contacting us at this address and can use
this address to notify us if you would like us to delete your data.
6.2 Our
site may, from time to time, contain links to and from the websites of
our partner networks, advertisers and affiliates. If you follow a link
to any of these websites, please note that these websites have their own
privacy policies and that we do not accept any responsibility or
liability for these policies. Please check these policies before you
submit any personal data to these websites.
- ACCESS TO INFORMATION
7.1 The
Data Protection Legislation gives you the right to access information
held about you. Your right of access can be exercised in accordance with
the Data Protection Legislation
- STORAGE OF YOUR DATA
8.1 We
shall store your data in accordance with our Data Retention Policy.
- CHANGES
TO OUR PRIVACY POLICY
9.1 Any
changes we may make to our privacy policy in the future will be posted
on this page and, where appropriate, notified to you by e-mail.
- CONTACT
10.1 Questions,
comments and requests regarding this privacy policy are welcomed and
should be addressed to Software Africa, as given in our PAIA Statement.
- GOVERNING LAW
11.1 This
Policy and any dispute or claim arising out of it or in connection with
it or its subject matter shall be governed by and construed in
accordance with the laws of South Africa and the parties
irrevocably agree that the courts of Gauteng have exclusive jurisdiction
to settle any dispute or claim arising out of or in connection with this
policy or its subject matter.
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