Legitimate interest means that we have reasonable grounds to process your personal information. Where the above table states that we rely on our legitimate interests for a given purpose, we are of the opinion that our legitimate interests are not overridden by your interests, rights or freedoms, given (i) the transparency we provide on the processing activity, (ii) our privacy by design approach, (iii) our regular privacy reviews and (iv) the rights you have in relation to the processing activity. If you wish to obtain further information on this balancing test approach, please contact our information officer or deputy information officer(s).
WILL WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES?
We will only share your personal information if:
- the law requires it;
- we have a public duty to share the personal information;
- our or your legitimate interests require us to share the personal information;
- it is necessary to conclude or perform due to an agreement between you and us; or
- you agreed that we may share your personal information.
As specified by the above purposes, we may share your personal information with any of the parties mentioned below:
- Any member of our group;
- Professional advisers like auditors, third-party vendors, or independent contractors who process personal information on our behalf to support our business;
- Our business partners who provide their products and services to you;
- Service providers that provide services to us, including billing, payment processing, customer service, email deployment, advertising and marketing, security and performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, verifying customer information, research, information hosting, auditing, and information processing;
- Any individual who needs your personal information due to foreign or local law or regulation;
- Any court of justice, regulatory body, taxation authority (including any authority investigating an offence) or their agents;
- Any debt collection agency, credit bureau, insurer or broker, direct or indirect provider of credit protection and fraud prevention agencies;
- Any financial institution to conduct credit checks, anti-money laundering related checks, for fraud prevention and detection of crime purposes for our group.
We may also share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, initial public offering, or in the unlikely event of a bankruptcy.
We will not share your personal information to organisations outside the borders of South Africa that are not our service providers, unless business operations require the processing of your personal information in other countries, either to carry out processing based on your instructions or for ordinary business purposes. Any third party, who is located outside of South Africa and receives your personal information, will need to comply to either a law, or binding corporate rules or a binding agreement which states that they will provide an adequate level of protection to your personal information. This means that they have to agree to lawfully process your personal information and protect your personal information in the same manner as we do.
WHAT ABOUT SPECIAL PERSONAL INFORMATION?
We do not generally seek to collect special personal information as defined in POPIA through our website or otherwise. In the limited cases where we do seek to collect such information, we will do this in accordance with legal requirements and/or ask for your consent.
STORAGE
We will store and keep your personal information according to the retention periods defined by law for legitimate business purposes and will take reasonably practicable steps to make sure that it is kept up to date and deleted and archived as appropriate.
We maintain specific records management and retention policies and procedures, so that personal information are deleted after a reasonable time. Refer our POLICY ON RETENTION AND DESTRUCTION OF RECORDS – [ITEM 2.3 OF OUR POPIA COMPLIANCE FRAMEWORK – MANDATORY ITEMS] for further details.
INFORMATION SECURITY
The security of your personal information is important to us. We have implemented appropriate and reasonable technical and organisational measures to prevent loss, unauthorised destruction, damage or access to your personal information by unauthorised third parties. The security of your personal information is important to us. We make sure that we implement organisational and technical procedures to keep your personal information safe. We have protocols, controls and relevant policies, procedures and guidance to maintain these arrangements taking into account the risks associated with the categories of personal information and the processing we undertake.
Although we use appropriate security measures once we have received your personal information, the transmission of information over the internet (including by e-mail) is never completely secure. We endeavour to protect personal information, but we cannot guarantee the security of information transmitted to or by us.
MARKETING BY ELECTRONIC MEANS
We would like to share information about our own products, services and special offers that are similar to the products or services used by you, via your preferred method of communication (as indicated to us), such as email, text message, social media platforms or notification on your mobile application. We may also share information with you about similar products, services and special offers of our partner companies.
If you have opted-in to receive marketing communications, you may always opt out at a later stage using the link shared below or clicking on the “Unsubscribe” option included in every marketing communication sent to you. You have the right at any time to stop us from contacting you for marketing purposes or giving your information to other members of our group.
If you no longer wish to be contacted for marketing purposes, please request for us to mark you as ‘No’ to Marketing by calling us on +27 (0) 11 248 7000 or emailing us on nsmith@sew.co.za.
USE OF COOKIES
Please refer our Cookie Policy.
YOUR RIGHTS
You are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:
- Right to access – You have a right to get access to the personal information that we hold about you. If you would like a record or description of the personal information that we hold about you, please request this from our information officer or deputy information officer(s) at nsmith@sew.co.za. We may, if allowed by law, charge a fee for this.
- Right to rectify/correct/ update – You have a right to correct inaccurate personal information and to update incomplete personal information. Please request this through our information officer or deputy information officer(s) at nsmith@sew.co.za.
- Right to be notified – You have the right to be notified that your personal information is being collected by us or has been accessed or acquired by an unauthorised person.
- Right to withdraw – You have the right to withdraw your consent to us processing your personal information. Please note that if you withdraw your consent to us processing your personal information, we may have to stop or suspend the provision of the products and services we provide to you. Please note that where the law requires us to process your personal information, we will have a legal obligation to do so. Please note that where the law permits us to process your personal information, we may continue to do so. Please request this through our information officer or deputy information officer(s) at nsmith@sew.co.za.
- Right to object – You have a right to object to us processing your personal information where we have relied on one of the lawful grounds above for legitimate interest or where we perform a public law duty (and to request us to restrict processing). Please note that if you request us to restrict processing your personal information, we may have to stop or suspend the provision of the products and services we provide to you. Please note that where the law requires us to process your personal information, we will have a legal obligation to do so. Please note that where the law permits us to process your personal information, we may continue to do so. Please request this through our information officer or deputy information officer(s) at nsmith@sew.co.za.
- Right to deletion - You have a right to request that we delete your personal information. Despite your request, may still have a legal right or obligation to retain your personal information. Please note that if you request us to delete your personal information, we may have to stop or suspend the provision of the products and services we provide to you Please request this through our information officer or deputy information officer(s) at nsmith@sew.co.za.
- Right to object to the processing of personal information for the purposes of direct marketing – You have a right to object at any time to the processing of your personal information for direct marketing purposes, including profiling you for the purposes of direct marketing. Please request this through our information officer or deputy information officer(s) at nsmith@sew.co.za.
- Right to lodge a complaint with the Regulator. If you wish to raise a complaint on how we have handled your personal information, you can contact our information officer or deputy information officer(s) at nsmith@sew.co.za who will investigate the matter. We hope that we can address any concerns you may have.
THIRD PARTY WEBSITES
Our website may include:
- Links to and from the sites of our partner networks, advertisers and affiliates
- Certain programs (widgets and apps) of third parties. Where this is the case, note that such third parties may process your personal information collected through such programs for their own purposes.
This privacy statement does not apply to any third party websites which may be accessible through links on our website.
We do not make any representation and/or warranties about the privacy of any third party websites and do not accept any responsibility or liability for them. Third party website provides are responsible for informing users about their own privacy practises and we suggest that you review the privacy policies of any third party provides whose sites you access.
CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement at any time by publishing an updated version here. To ensure that you know when we make changes to this Privacy Statement, we will amend the revision date. The new modified or amended Privacy Statement will apply from the revision date. Therefore, we encourage you to review this Privacy Statement periodically to be informed about how we are using your information.