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Privacy Policy

1. ODEK Alliance’s Promise


We are committed to protecting the User’s privacy by processing the User’s personal information lawfully, properly and transparently. This Privacy Policy sets out what personal information we process, why we process that information and who we send to and/or receive personal information from. We respect your privacy, and we want to inform you how the law protects you.

2. Your Responsibilities


2.1 This Privacy Policy applies to all visitors to our website and entities making use of our Software (the “User”). This will constitute a binding agreement between us. Should you not accept and agree to the terms of this Privacy Policy, you may not use our Software, and must immediately cease using same, as your continued use will be deemed to indicate that you have read, accepted and agreed to the terms of this Privacy Policy.

2.2 We reserve the right to amend, modify, update and change any of the terms of the Privacy Policy from time to time. You will be notified in writing of any material changes that may affect your legal rights. However, it is your responsibility to regularly check the Privacy Policy and make sure that you are satisfied with the changes.

3. Definitions and Interpretation


3.1 “Data Subject” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.2 “Privacy Policy”” means these standard privacy terms and conditions together with any Schedules and future amendments thereto that may be uploaded onto our website from time to time;

3.3“Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.4 “Privacy and Data Protection Conditions” shall mean the statutory prescribed conditions for the lawful Processing of Personal Information which is entered into a Record and such conditions are listed in Section 4(1) of POPI and are dealt with in detail in Part A of Chapter 3 of POPI;

3.5 “Processing” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.6 “POPI” means the Protection of Personal Information Act, No 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the Act;

3.7 “Record” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.8 “us”, “our” and/or “we” means ODEK Alliance who renders the Services and/or delivers the Products and/or Software;

3.9 “you” and/or “your” means you the user who applies for and receives Service and/or Products and/or Software from ODEK Alliance;

3.10 Headings are for convenience and reference only and shall not be used in the interpretation of this Privacy Policy.

3.11 Words importing any gender include the other genders, the singular includes the plural (and vice versa) and natural persons include artificial or juristic persons (corporate and unincorporated) (and vice versa).

3.12 The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class shall not apply, and whenever the word “including” is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.

4. Collection of your personal information


4.1 We process personal information to provide you with access to our services and/or products and/or Software and for the purposes detailed in this Privacy Policy. In order to do so and depending on the Services, Products and/or Software used by you, we may collect the following personal information:

Company:

  • Company name;
  • Registration number;
  • Registered address;
  • Contact details.

Individual:

  • Name and surname;
  • Physical and email address;
  • Contact details;
  • ID and/or passport number;
  • Banking and card details.

4.2 We will use personal information for the purpose for which it was collected, for example to:

  • verify bank account or credit card details and, where authorised, use that information to process payments;
  • confirm and verify identity;
  • detect and prevent fraud and/or crime;
  • provide you with updated information on rates and amended terms and conditions,
  • respond to your requests for information regarding our products, services, software and pricing information;
  • only if you opt in for this Service- marketing and/or offer new or additional services to you and/or provide you with information on products, software and/or services;
  • only if you opt in for this Service- conduct customer satisfaction surveys.

4.3 If required by law, we may disclose information about you to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. Such disclosure may be required to protect you or us from illegal activity or liability or to protect our property or the safety of our employees or others and we may do this without your consent and for any other reason as required from time to time.

5. Personal Information


5.1 By choosing to provide us with your personal information you expressly consent to its use in accordance with the principles outlined in this Privacy Policy. If you wish for us to stop processing your personal information, you must expressly inform us. If we cannot process your personal information, we may be unable to provide certain services and Software to you;

5.2 We shall fully comply with the statutory obligations contained in POPI, without limiting the generality of the aforesaid, we shall ensure that the privacy and data protection conditions are strictly adhered to when processing your personal information;

5.3 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners which have access to your personal information are bound by confidentiality obligations in relation to your personal information.

6. Disclosure of your personal information


6.1 We are required to process and make available your personal information to third parties should the law require us to or should it be required to be able to fulfil our obligations to you;

6.2 We will under no circumstances sell or commercialise personal information or data unless consent is obtained. Whereafter the data will be sold or commercialised in the format agreed to between us;

6.3 Upon consent received, we may provide third party service providers and processors access to your personal information. These services providers may include, without limitation: credit card verification providers and banks to process transactions;

6.4 We will take all reasonable steps to protect you, put mechanisms in place for secure data transmissions but we do not accept liability for your personal information or data if it is obtained via computer hacking or in any other fraudulent or malicious way whatsoever. However, if we are aware of any breach, we will notify you within 24 (twenty-four) hours of any breach of security that may have occurred. Use of our Applications are at your own risk;

6.5 We may also disclose your personal information as required by law or with any legal process, for example, we will disclose personal information to governmental bodies who have authority to obtain it, in order to comply with a warrant or subpoena issued by a Court of competent jurisdiction, or where we believe that it is necessary to comply with record production requirements.

7. How your personal information is stored


7.1 When Personal Information is obtained and processed by us, such personal information is entered into a Record;

7.2 We use standard industry practices to safeguard the confidentiality of your personal information. We treat this data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access by users. We store our electronic and paper documents at our head office in Johannesburg, South Africa or at other secure site/s;

7.3 We will keep back-ups of your personal information and data if you consent to the collection and storage of such data.

8. Accessing and updating your personal information


8.1 You can access and review your personal information held by us. You may contact our Privacy Officer. We will try to provide the information you require within a reasonable time.

8.2 We recommend that should your personal information change, provide us with updates as soon as reasonably possible to ensure that you enjoy all the benefits of our Application;

8.3 Upon your request, we will, promptly return or destroy any and all of your personal information in our possession or control, save for personal information that we are legally obliged to retain;

8.4 Should you be required to provide personal information to us, you will provide accurate information;

8.5 You hereby confirm that you won’t impersonate or misrepresent any person or entity.