DATA PRIVACY NOTICE (The Jean Parker Trust t/a Altydgedacht )


Last updated:   01 July 2021

  1. INTRODUCTION

We are committed to protecting your privacy and complying with applicable data protection and privacy laws.

This privacy policy sets out the basis on which any personal information we collect from you (customer, employee, commercial tenant, user and/or service provider to Altydgedacht) or that you provide to us, will be used, stored and processed by us (hereinafter referred to as “collect” or “collection”), and also includes the collection of personal information or data from the use of our Website Terms and Conditions of Use on www.altydgedacht.co.za, (which is separately addressed in our website policy).

Read the following carefully to understand our practices regarding your personal information (as defined below) and how we will process it.

In adopting this privacy policy, we wish to ensure you that the use of your personal information is lawful, reasonable, and relevant to our business activities. We will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we cannot guarantee that your personal information shall be secure, despite our best efforts to protect it as required in law.

By interacting with us in person, by mail or electronic communication or by using our website (“Site”), you agree to the terms and conditions set out in this privacy policy.

Below we explain how and when we collect and use personal information. If at any time you have enquiries that are not dealt with in this document, please visit our website at www.altydgedacht.co.za, or contact us on 021 976 1295. You can also contact our Information Officers whose details are as follows:

Name: Debra Savage

Contact email: debra@altydgedacht.co.za

Or

Xander Rau

Contact email: xander@vdmv.co.za

  1. THE INFORMATION WE COLLECT AND RECORD

2.1         When you require our services, goods, products or offerings, we will collect data that is necessary for that transaction or service. In doing so, we may request, receive, store and record many details that are defined as ‘personal information’ in POPIA. We collect and record only the minimum personal information that is required for us to render our product, offerings and services and to manage our business optimally.  In doing so, we comply with POPIA in that we implement reasonable practices to ensure the private information is protected.

2.2         When you visit this Site, information such as the Website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Site’s operation. We may also collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site.

2.3         We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but, if you so choose, certain products and services may not be available to you.

2.4         Personal information (e.g., your name and contact details) is collected when you choose to interact with us via the Site such as, for example, contacting us or requesting information.

 

3             YOUR PERSONAL INFORMATION WILL BE USED OR SHARED IN THE FOLLOWING WAYS

3.1         We keep your personal information confidential and only use, process, share, record or delete it as is required by POPIA, other legislation and/or the requirements of the service that we are providing for you.

3.2         We may share certain information with third party service providers and contractors, as part of our operations and only if these service providers have undertaken to protect the personal information that we share with them for a particular purpose. We only share such personal information as are required for purposes of performing the tasks lawfully following from and required by the task(s) we are mandated to perform.

3.3         We may use your personal information further to comply with regulatory and legislative requirements.

3.4         We collect and use your personal information to operate and improve the Site, to provide services and information to you, to better understand our customers, to provide better products and services, to display content that is customised to your location and preferences, to assist us with Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by Altydgedacht to enforce the Website Terms and Conditions of Use on www.altydgedacht.co.za and other terms or conditions applicable to any portion of the Site.

3.5         We may also use your contact information to enable ourselves to communicate with you. We may send transaction-related communications. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation e-mails and account statements), where applicable.

3.6         We may, for marketing purposes, disclose aggregate statistics (information about the user population in general terms) about your personal information to our advertisers, affiliates or business partners.

3.7         Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers or agents maintain facilities and, by using this Site, you consent to any such transfer of information outside of your country.

3.8         Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company. We may notify you of such an occurrence from time to time.

3.9         We reserve the right to disclose your personal information, without notice, if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, users, or the public.

 

  1. OTHER INTERACTION WITH YOUR PERSONAL INFORMATION

4.1         POPIA requires us to ensure that we hold correct and updated personal information and, hence, we may need to update your personal information from time to time, and request your assistance in doing so. The request will be sent via email or otherwise, whatever is most reasonable in the circumstances.

4.2         We will:

4.2.1   not sell or give your personal information away, use it, other than in terms of this policy;

4.2.2     retain the personal information only for as long as we are required by law to do so.

 

  1. YOUR RIGHTS

5.1         You may at any time request us to confirm what personal information we have relating to you and by whom it was accessed. We may charge a fee for the latter.

5.2         You may ask us to update or delete your information or to refrain from using it. Note that we may refuse to delete information if such deletion would compromise an obligation in law that is imposed on us and which requires of us to keep the information for a determined period or would otherwise impact on our ability to render our business services.  Should any damage arise to you from your request in these circumstances, you indemnify us against any claim for damages that may follow as a result hereof.

5.3         You may otherwise ask us to delete any information we have about you but we might refuse if we need your personal information to protect our rights, or if the law obliges us to keep it. In these circumstances, if we refuse to delete your personal information, we will advise you of the fact that we did not delete the personal information and provide you with a reason therefor.

5.4         You may enquire from us about your personal information that we have, and how, if at all, it was used.

5.5         For assistance to exercise your rights as explained in this paragraph, contact our Information Officer whose details appear in paragraph 1 hereof.

 

  1. SECURITY BREACH

6.1         Although absolute security cannot be guaranteed whether in respect of our physical data storage or any data stored electronically, we have in place up-to-date, reasonable technical and organisational security measures to protect your personal information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we collect online.

6.2         However, should a breach occur, we will ascertain how and where the breach occurred and make sure that the exposed area is addressed immediately.

6.3         We will ascertain which data has become vulnerable as a result and notify you if the breach may affect you and assist you to minimize any potential damages that you may suffer as a result, where possible.  Such notification may take place by way of email to you, or by way of notice on our website, or otherwise.

6.4         Thus, while we cannot ensure or warrant the security of any personal information you provide to us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

 

  1. PERSONAL INFORMATION PREFERENCES: DISCLOSURE AND MARKETING MATERIAL

7.1         We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an e-mail to info@altydgedacht.co.za.

7.2         If you choose not to receive marketing communications please be advised that you may continue to receive transactional or account communications (e.g. confirmation e-mails and account statements), where applicable.

 

  1. TYPES OF PERSONAL INFORMATION WE COLLECT

The types of personal information that we may collect includes information necessary to further our legitimate business interests. It includes personal information and in some instances, special personal information. In the case of the latter, consent will be obtained before the data is processed.

 

  1. USE OF COOKIES AND OTHER

9.1         Altydgedacht may use “cookies” to enable you to sign in to our services and to help personalise your online experience. A cookie is a small text file which asks permission to be  placed on your hard drive.  Once you agree, the file is added. Cookies contain information, including personal information that can later be read by a Web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, information which you provided when subscribing to a communication or signing up for a service, and your navigational history.

9.2         In some cases, our third-party service providers may use cookies on our Site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Altydgedacht only, and does not cover the use of cookies by third parties.

9.3         You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use any interactive features of our Site and services that depend on cookies.

9.4         In addition to cookies, we may use other technologies, including single-pixel images on our Site and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

 

  1. STORING YOUR PERSONAL INFORMATION

10.1      We store your personal information, whether electronic or physical, in South Africa.

10.2      Your information will not be stored for longer than is necessary for the purposes described in this privacy policy.

 

  1. E-MAIL MONITORING

We provide e-mail addresses on the Site which enable you to contact us. In order to check for viruses and the presence of inappropriate content, we reserve the right to intercept, monitor and inspect all material and information transmitted over our system.

 

  1. MINORS

We do not intend to offer services to or solicit or collect personal information from anyone under the age of 18. If you are under 18, you may not use or enter information on this Site.

 

  1. LINKS

We may link to Websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

 

  1. DISCLAIMERS

14.1      Altydgedacht intends to take commercially reasonable precautions to abide by this privacy policy. Nevertheless, in the event that we do not comply with all terms contained in this privacy policy, you agree, by using this Site and by submitting information to this Site, that your sole and exclusive remedy against Altydgedacht will be to have us promptly correct the handling of your information in the future to accord with this privacy policy and to notify anyone to whom Altydgedacht directly transferred any information of the correct information or to cease using such information.

14.2      To the maximum extent allowed by law, Altydgedacht, its subsidiaries, affiliates, and divisions disclaim any other obligation, liability, or warranty to you for any other action, inaction, omission, or other activity that is not in accordance with this privacy policy.

14.3      Under no circumstances shall Altydgedacht , its subsidiaries, affiliates and divisions, or their suppliers or licensors be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with this privacy policy, or the failure of Altydgedacht , its subsidiaries, affiliates and divisions, or their suppliers or licensors to adhere to it, even if Altydgedacht , its subsidiaries, affiliates and divisions, or their suppliers or licensors have been notified of the possibility of any damages. This section shall only apply to the maximum extent permitted by applicable law.

 

  1. APPLICABLE LAW AND JURISDICTION

This privacy policy is governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with this privacy policy will be determined in accordance with such laws.

 

  1. CHANGES TO THIS PRIVACY POLICY

15.1      From time to time, we may revise this privacy policy. If we do, the changes will be posted on our website so that you are always informed of the latest version.

15.2      We will not use or disclose personal information provided to us pursuant to this Privacy Policy in ways other than the ones described above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your personal information.