M3 Human Capital Management (Pty) Ltd (“us,” “we,” or “the Company”) is committed to respecting the privacy rights of our customers, visitors, and other users of our website (“the website”).
2. KEY DEFINITIONS USED IN THIS POLICY
“Customer” (“you”) means the subscriber of or visitor to the website.
“GDPR” means the European Union’s General Data Protection Regulation.
“Information Officer” means the person designated as our information officer, as required in terms of POPIA. This is referred to as a “Data Protection Officer” in the GDPR.
“Information Regulator” means the office of the Information Regulator, as established in terms of POPIA.
“Operator” means any person or organization that processes Personal Information on our behalf. This is referred to as a “Processor” in the GDPR.
“PAIA Manual” means the manual setting out a description of our organization, a summary of records held by us, and the procedures to apply for access to such records, as required by the Promotion of Access to Information Act.
“Personal Information” means information relating to a specific juristic or natural person which is classified as personal information POPIA. This may include a wide variety of information types, such as your name, address, telephone number, credit card information, and any other information that is connected with you and may identify you personally.
“Processing” of Personal Information means any operation or set of operations which is
performed in respect of such information, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.
“Responsible Party” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Information. This role is also referred to as the “Controller” in the GDPR.
3. BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
Any use of your Personal Information must be for a lawful purpose, which must be specified. In the case of our website, the Personal Information requested from you or submitted by you is necessary for the entering into and the performance of a lawful contract between us and you,
under which terms, you may use and enjoy the website and our services. We may additionally use the information to promote our services within our subscription base and, with your express permission, may share it with third party or affiliate companies interested in marketing similar
products to you.
4. COMPLIANCE WITH POPIA AND THE GDPR
Our processing of your Personal Information is subject to, and in compliance with, the provisions of POPIA, once it comes into effect.
In addition to compliance with POPIA, we may voluntarily undertake to comply with the provisions of the GDPR insofar as they are applicable to us and where reasonably practicable, should such provisions differ from those stipulated in POPIA.
5. PRIVACY AND SECURITY OF YOUR INFORMATION
We will process your information only on instructions from you, which we are deemed to have received when you submit information on our website. We will maintain the confidentiality and security of such information in accordance with the standards contained in POPIA, which requires us to adopt reasonable safeguards to protect the integrity and confidentiality of such information from unauthorized access, loss or destruction, having due regard to generally accepted practices and procedures or any applicable industry specific rules or professional regulations.
We will not be liable to you, or any other person, in respect of any unauthorized loss, destruction, access, or processing of your information which occurs notwithstanding our adherence to the above-mentioned reasonable security measures.
the performance of their mandate, or by order of a court or tribunal of competent jurisdiction. In such instances, we will notify you of such disclosure, unless we are legally precluded from doing so. You agree that we will not be liable to you, or any other person, as a result of such legally required disclosures.
6. TYPES AND USES OF INFORMATION COLLECTED
We automatically track and collect the following categories of anonymous information when you visit our website, which does not personally identify you, but is helpful for marketing and security purposes:
- IP addresses
- Domain servers
- Types of computers accessing the website
- Types of web browsers used to access the website
We may also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the website.
In order for you to access certain services that we offer via our website, we may require you to provide us with certain information that personally identifies you. Such information may include some or all of the following categories (examples are used for illustrative purposes only):
|Contact information||Email address, telephone or cell phone number, physical or postal address, billing address|
|Geographical information||Your time zone or location|
|Financial information||Your bank or credit card details, or account details with third party payment providers|
|Demographic information||Your age, race and gender|
|Identification information||Your name, surname, identity or passport number, online username or alias|
|Work and educational history||Your CV, academic transcripts and records, references, letters of introduction or recommendation|
If you communicate with us, regardless of the method used, any information provided in such communication may constitute Personal Information. If you choose to participate in one of our optional activities or events on the website, the information asked for will be collected and retained by us for marketing purposes as described below.
Use by us
We act as the Responsible Party in respect of Personal Information we receive from you and we use such information for the following specific purposes:
- To provide you with the information contained on the website
- To render services, or sell products to you, as advertised on, or provided via the website
- To advertise or promote further services to you, should you opt to receive such marketing material from us
- Statistical and historic purposes, in which case the information is anonymized
- Any legal process or dispute where we need to rely on such information in order to protect our rights
Sharing of your information with third parties We may share certain categories of information we collect from you with the following parties for the following purposes, to the extent that such information is reasonable, adequate and not excessive in relation to such purposes:
- Your information may be shared with our Operators in relation to the functionality of the website and any products or services offered thereon, including, but not limited to, hosting, billing, payment facilitation, communications, data storage, backups and security.
- If you submit information as part of an application relating to employment opportunities advertised on our website, all such information may be shared with the employer on whose instructions we placed the advertisement, as well as other similar employers in our network whom we may believe might be interested in potentially hiring you.
- We may share some of your contact information with third parties who may want to market related services to you, but only if you authorise us to do so.
As required by the provisions of POPIA, we only share your Personal Information with Operators where we have an express written agreement with them in which they warrant that they will treat your Personal Information subject to the same reasonable and appropriate security measures as we are required to adhere to, including breach notification provisions.
It may be necessary for your information to be transmitted to Operators or third parties who are situated in another country. In such instances, we will only do so if such Operator or third party is subject to laws that require the same or a similar level of reasonable information security as POPIA; or where our agreement with them does so; or where they are subject to corporate binding rules requiring them to do so.
Location and Retention of Personal Information
Unless otherwise expressed herein, the Personal Information that we collect will be kept on our web server and any backup thereof and will be retained only for as long as is necessary to render services to you, which may include contacting you for marketing purposes or providing
your information to third parties for marketing purposes, if you have provided your consent.
If you have submitted employment related information as part of an application for an advertised post, we may retain such information for an indefinite period in order to make it available to other employers in our network who may be interested in hiring you in future.
We may also be legally required, in terms of relevant tax, anti-terrorism, anti-money laundering and professional conduct legislation to retain certain categories of your information for periods of time prescribed in such legislation. Information that is retained for statistical or historical purposes will be anonymized.
Your Personal Information may be retained or transferred to any new entity with which we merge or amalgamate, or to which we transfer or sell our business.
7. BREACH NOTIFICATION
If we become aware of any breach of security which may potentially lead to unauthorized access, loss, destruction or processing of your Personal Information, we will, as soon as is reasonably possible, investigate the matter and notify you and other affected parties, as well as
the Information Regulator of such breach, in the prescribed manner and form, and will take reasonable steps to mitigate against any risks resulting from such breach.
Please note that no data breach notification made by us will constitute an admission of any liability in respect of any matter referred to in such notice.
8. YOUR RIGHTS
You may choose not to provide us with any Personal Information. In such an event, you may still access and use the website, although this may result in limited functionality and we cannot necessarily provide all of our products or services to you.
You may choose not to allow us to share your Personal Information with third parties for marketing purposes. We will ask you to opt-in to this but you may remove your consent at any time.
If we already hold some of your Personal Information, you may request access to it, or request us to rectify, update, or delete such information at any time. Some of these functions may be done directly from your account page on our website. If this is not possible, you may consult our PAIA Manual for the process to request access to such information.
You furthermore have the right to object to our holding of your Personal Information, on the basis that we do not have authorization to do so, or to withdraw our authorization. You may do so by written request to firstname.lastname@example.org.
9. INFORMATION OFFICER
We have appointed an Information Officer, whose role is to regularly monitor and maintain the systems and processes relating to our compliance with the information security and other requirements of POPIA.
10. INFOMRATION PROVIDED BY YOU ON BEHALF OF THIRD PARTIES, INCLUDING
Where you provide information to us which constitutes Personal Information of a third party, including children, you warrant that you have the legal authority to do so and you indemnify us against any claim of any nature by any person arising from any lack of such authority on your part.
Our website is intended for a general audience, and we do not direct any of our content specifically at children. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of our website is under the age of 18, we may delete their user account, including any Personal Information associated with that account, unless we are provided with express authorization by their parent or legal guardian.
11. PUBLIC INFORMATION
The website may contain links to third party websites. We are not responsible for the privacy practices or the content of such websites. We may also make chat rooms, forums, message boards, and news groups available to you. Any information that you voluntarily disclose on these media becomes public information and is not our responsibility.
14. AMENDMENTS TO THIS POLICY