Privacy Policy
1. DEFINITIONS
The following words and phrases have these meanings in this document:
1.1. “Personal Information” is as defined in POPI.
1.2. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.3. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.4. “Us”, “we”, or “our” means NClose cc, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2006/010475/23 and also includes reference to our holding company and its subsidiaries.
1.5. “Website” means Internet World Wide website at URL www.nclose.com (including subdomains).
1.6. “You” or the “user” means any person who accesses this Website for any purpose.
2. STATUS AND AMENDMENTS
2.1 We respect and recognise the importance of protecting your privacy. This privacy policy statement sets out our information gathering and dissemination practices in respect of the Website.
2.2. This Privacy Policy forms part of the Terms and Conditions of Use of this Website. It also describes how we collect and use your personal information generally (unless that is governed by a separate agreement between us). If you do not agree with this Policy, then you may not use this Website and are required to cease doing so immediately.
2.3. We reserve the right to amend the terms and conditions of this Privacy Policy at any time without notice. It is your duty to be aware of the current version of this Privacy Policy. Please refer to the last revision number and date at the top of this document. Continued use of the Website subsequent to any amendments having been effected constitutes your acceptance of the Privacy Policy as amended.
3. LINKS TO OTHER WEBSITES
3.1. We have no control over and accept no responsibility for the privacy practices of any third-party websites to which hyperlinks may have been provided and strongly recommend that you review the privacy policy of any website you visit before using it further.
4. PERSONAL INFORMATION COLLECTED
4.1. When you use our Website or complete a contact form, we collect Personal Information about you, including information that directly or indirectly identifies you if you choose to share it with us.
4.2. You consent to us collecting and Processing Personal Information in accordance with the principles set out below.
4.3. We may collect the following information:
4.3.1. your name;
4.3.2. your email address; and
4.3.3. information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Website, including device and network information, cookies and analytics information.
4.4. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be one of the following:
- provide you with access to this Website;
- present certain material set out on the Website to you;
- communicate with you as necessary regarding current or new services or any other services offered by us (if you have consented to receiving marketing material);
- improve the Website; and / or
- where necessary to comply with any legal obligation.
4.5. While provision of the above information is voluntary, failure to provide it may affect your ability to use the Website or to engage with us.
5. USE AND PROCESSING OF PERSONAL INFORMATION
5.1. Where we collect your personal information the following principles are observed in the handling of that information:
5.1.1. We undertake that your information will be processed in accordance with applicable law and that it will only process the information in a manner consistent with allowing use of this Website and will process it to the minimum extent necessary.
5.1.2. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
5.1.3. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained, or we are required to do so by law.
5.1.4. You may, at any time, access your personal information which we hold. You may also correct your personal information held by us, should the need arise. in this regard, you may send an email to info@nclose.com.
5.2. As permitted by POPI, we may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
5.3. We will use your Personal Information to provide you with customer service and in order to communicate with you regarding products or services from us which might be of interest for you. If you do not wish to receive marketing information, you may at any time contact us in response to a marketing or similar email from us and all such emails will contain instructions as to how to unsubscribe from such emails.
6. DESTRUCTION OF PERSONAL INFORMATION
6.1. We will delete all Personal Information, insofar as it relates to you when it receives a written instruction from you to do so unless we are obliged by law or under our obligations to you to retain such information.
6.2. We will destroy or delete any Personal Information that is no longer needed by it for the purpose it was initially collected, or subsequently Processed.
6.3. We may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems and enforce any of its terms. Any information we retain will be handled in accordance with this Privacy Policy.
7. COOKIES
7.1. We may utilise temporary or session cookies. A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
7.2. We utilise first and third-party cookies. This enables us to improve users’ experience on our Website through various means such as storing preferences (like keeping a user logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and to provide more relevant display advertising to users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
7.3. This allows us to track your use of our Website.
7.4. Cookies by themselves will not be used to personally identify users but we may use them to compile de-identified statistics relating to use of or feedback on the performance of our Website.
7.5. The following classes of information may be collected in respect of users who have enabled cookies:
- The browser software used;
- IP address;
- Date and time of activities while visiting the Website;
- URLs of internal pages visited; and
- referring websites, search engines and the like.
7.6. We are committed to providing you choices to manage your privacy and sharing.
7.7. If you do not wish cookies to be employed to customize your interaction with our Website, it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this Website may not be available. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because some of our Website’s features utilise cookies, we recommend that users do not block them.
7.8. You can opt out of a third party website’s use of cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp.
8. SECURITY
8.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by the Website from loss, misuse, unauthorised disclosure, alteration or destruction.
8.2. We will secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent:
8.2.1. loss of, damage to or unauthorised destruction of Personal Information; and
8.2.2. unlawful access to or processing of Personal Information.
8.3. We will take reasonable measures to:
8.3.1. identify all reasonably foreseeable internal and external risks to Personal Information in our possession or under our control;
8.3.2. establish and maintain appropriate safeguards against the risks identified;
8.3.3. regularly verify that the safeguards are effectively implemented; and
8.3.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
8.4. We endeavour to protect your Personal Information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and we cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
9. Your Rights
9.1. You have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
9.1.1. you can access your information by making a request to us at the email address below and can rectify, restrict, limit or delete your information;
9.1.2. if we Process your information as set out above, you can object to this Processing in certain circumstances as described in POPI;
9.1.3. if you have given us consent to Process information, you have the right to withdraw your consent at any time; and
9.1.4. if you have a concern about our use of your information, you have the right to raise such concern with the Information Regulator.
10. Transfer of Personal Information
10.1. The Website is operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use the Website, or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the RSA, as it is necessary, and the RSA’s privacy laws may not be as protective as those in your jurisdiction.
10.2. If you are a resident of the EU, we are the controller of your personal data for the purposes of EU data protection law.
10.3. We will not transfer your Personal Information or any portion of it to any third party for any reason without your prior written consent, except to the extent that we use third party service providers to host our database or the Website, subject to the provisions of clause 8 (Security).
10.4. We may use hosting or cloud services to operate this Website and store its data which are not located in South Africa. If we do so, we will ensure that the level of protection given to your Personal Information is at least as good as that provided for under South African Law, either by means of a binding contract with the service provider, or by using a service provider located in a country with privacy laws of similar or stronger effect.
11. QUERIES
11.1. If you have any queries about this Privacy Policy please contact us by emailing info@nclose.com.