Privacy Notice

We would like to inform you about the processing of your personal information in this Privacy Notice. You will find below, among other things, information on how and why we process your personal information and what rights you have in this respect.

SCOPE OF THE PRIVACY NOTICE

In this Privacy Notice we provide you with information about the processing of your personal information in connection with visiting and using our website.

To help you get the information that is relevant to you at a glance, we have broken down this Privacy Notice into individual sections:

In this Privacy Notice we provide you with information in accordance with the requirements of the Protection of Personal Information Act, 2013 (POPIA or Data Protection Legislation)). We also observe the requirements of other national data protection legislation that may apply to the processing of your personal information.

1 RESPONSIBLE PARTY AND INFORMATION OFFICER

1.1 Responsible Party

The responsible party under Data Protection Legislation shall determine the purposes and means of the processing of your personal information and ensure compliance with the requirements of Data Protection Legislation. Where two or more responsible parties jointly determine the purposes and means of the processing, those responsible parties shall be jointly responsible for the processing, so-called joint responsible parties.

The responsible party responsible for the processing of your personal information in connection with this website is:

    Andreas Stihl (Pty) Ltd
    P.O. Box 100148
    Scottsville
    3209
    Email: info@stihl.co.za

("we", "us").

If you would like further information, please contact us at any time using the contact details specified above.

2 GENERAL INFORMATION ON THE PROCESSING OF YOUR PERSONAL INFORMATION

2.1 Processing of your personal information

Where we use the term “personal information” in this Privacy Notice we mean any information relating to you.

Examples of personal information are your name, email address and postal address. However, your personal information includes any data that are linked to you or that relate to you. We refer to data that do not relate to you as “non-personal data” or “anonymous data”. Data protection rules and this Privacy Notice do not apply to these data.

We understand processing of your personal information to include, for example, the collection, storage, or erasure of your data.

2.2 Overview of the legal basis for processing your personal information

We process your personal information only if we can base the processing on a legal basis or if this is lawful under the applicable data protection law, i.e. the processing is legally permissible. Within the scope of POPIA most of the processing of your personal information is based on the following legal basis:

  • The processing of your personal information is necessary for the performance of a contract with you (section 11(1)(b) of POPIA).
  • You have given us your consent to the processing of your personal information for one or more specific purposes (section 11(1)(a) of POPIA).
  • The processing of your personal information is necessary for compliance with a legal obligation to which we are subject (section 11(1)(c) of POPIA).
  • Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, (section 11(1)(f) of POPIA).

Further information on which processing operations are specifically based on which legal basis or under which data protection legislation processing is permissible is set out below in this Privacy Notice.

2.3 What personal information we collect from you

We process personal information that you provide to us, that we collect (automatically) or that we receive from third parties.

In principle, you are not obliged to provide your personal information to us. However, the disclosure of certain personal information may be necessary to enable us to offer and provide the website and all the functions of the website to you.

Personal information that you provide to us

We process information that you provide to us. For example, you may call us or contact us in some other way and provide certain information to us by these means. We collect and process these data to enable you to use our website. If you do not provide us with certain information, this may exclude or impair the use or full functionality of our website.

Personal information that are collected (automatically)

Certain information is collected and processed by us (automatically) when you use our website. This includes data such as your IP address, specific login data and data that are processed to enable us to make our website technically available.

Personal information that we receive from third parties

Sometimes we do not receive information directly from you. This may be the case, for example, if information about you is provided to us by third parties. For example, we work with companies that provide services for us and provide us with information about you.

3 VISITING OUR WEBSITE

When you visit our website, the browser used on your device automatically sends information to the server on our website and temporarily stores it in a log file.

If you would like to learn more about the cookies we use on our website, please click here

Categories of personal information

The following information is processed when the website is visited:

  • Your IP address
  • The date and time of access
  • The name and URL of the retrieved file
  • The web page/application from which access was made (referrer URL)
  • The browser you are using and, if applicable, the operating system of the device you are using to access our website and the name of your access provider

Purpose

Your personal information is processed for the following purposes:

  • To ensure that a smooth connection is established
  • To ensure that our website is easy to use
  • To analyse system security and stability

Legal basis

We base the processing of your personal information on the following legal basis:

  • Processing of your personal information is necessary to enable you to visit the website and to ensure the performance, long-term functionality and security of our website and systems.
    We process your personal information based on section 11(1)(f) of POPIA.

We have a legitimate interest in ensuring the performance, long-term functionality and security of our website and systems.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

4 USE OF OUR WEBSITE AND OUR SERVICES

4.1 Contact and communication

If you have any questions, you can contact us at any time by email, post, telephone, contact forms or any other means. If you contact us, we will usually reply to you via the means of communication chosen by you.

Categories of personal information

The following information is processed when communicating with you:

  • Your contact details, such as your phone number or email address
  • Communication with you, including recordings of telephone calls with you, if applicable
  • Data relating to your request or your concern, such as the subject matter of your request or our communication with you
  • Data necessary to clarify your concern

Purpose

Your personal information is processed for the following purposes:

  • To communicate with you if you have contacted us with questions or other concerns
  • To communicate with you in relation to matters other than requests and concerns, for example for information purposes or to comply with legal or contractual obligations
  • If we record telephone calls with you, this is done for quality assurance and training purposes
  • To improve our support

These purposes are hereinafter collectively referred to as "support".

Legal basis

We base the processing of your personal information on the following legal basis:

  • Processing your personal information in connection with our support is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract.
    We process your personal information where processing is necessary to carry out actions for the conclusion or performance of a contract with you based on section 11(1)(b) of POPIA.
  • We provide you with certain support services outside of an existing contract.
    We process your personal information based on section 11(1)(f) of POPIA.
    We have a legitimate interest in helping you in the event of questions about our offers and services and in ensuring the satisfaction of our (former and future) customers.
  • For some processing of your personal information we shall obtain your consent where necessary in accordance with section 11(1)(a) of POPIA.

This applies in particular to the recording of telephone calls.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

4.2 Product guides

Our website contains guidance tools in relation to our products, such as our Chain-Bar-Advisor.

Categories of personal information

The following information is processed in connection with the product guidance tools:

  • Your IP address
  • The data you provide in connection with our product guidance tool

Purpose

Your personal information is processed for the following purposes:

  • To recommend a product or advise on how to use our products based on your specifications in the product guidance tool

Legal basis

We base the processing of your personal information on the following legal basis:

  • Processing your personal information in connection with our product guidance tools is necessary in order to take steps at your request prior to entering into a contract if you intend to purchase our products.
    We process your personal information based on section 11(1)(b) of POPIA.
  • Processing your personal information is necessary to give you a recommendation in connection with the product guidance tool.
    We process your personal information based on section 11(1)(f) of POPIA.
    We have a legitimate interest in recommending a product that is right for you or to advise you on how to use our products.
  • Use of the product guidance tool requires setting a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 this Privacy Notice.

4.3 Newsletter

On our website we give you the opportunity to register for our newsletter.

Please note that we use the so-called double opt-in procedure to ensure that you want to receive our newsletters. After you sign up for the newsletter, we will send you a confirmation link to the email address you have provided. Only when you confirm your email address and interest in receiving our newsletter will we include you in our email distribution list. 

Personalised newsletters

Please note that when sending the newsletter, we carry out performance measurement and analyse your usage behaviour. For this analysis the emails sent contain so-called web beacons or tracking pixels. These are located on our servers and tell us when and how you retrieve our newsletter. For the analysis we link the above-mentioned data and web beacons to your email address.

You can disable the display of images by default in your email application to restrict the processing of data through the use of our newsletter. In this case you will not be able to see the newsletter in full and you may not be able to use all the features. If you have the images displayed manually, the above-mentioned tracking is performed.

For more information on how we process your personal information for marketing purposes and to improve your user experience, see section 5, Marketing and user experience. In particular, we draw your attention to information on the processing of your personal information in connection with Oracle Eloqua.

Categories of personal information

The following information is processed in connection with the newsletter distribution:

  • Information such as the opening rate, when you read our newsletters and what links you click on in the newsletter.
  • Information that we collect about you when you use STIHL services (e.g. when purchasing our products, registering a device or using various applications).

Purpose

Your personal information is processed for the following purposes:

  • We infer your interests from the processing of your personal information in order to be able to provide you with a version of our newsletter that is tailored to suit your interests and that contains information on the products and services that are relevant to you.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal data are processed based on your consent given when you subscribe to our newsletter.
    We process your personal information based on section 11(1)(a) of POPIA.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

5 MARKETING AND USER EXPERIENCE

5.1 Cookies and similar technologies

We use technologies on our website that are intended to facilitate the use of the website and make it more user-friendly and to provide various functionalities. Such technologies include, for example, cookies, pixels and scripts. This section provides information on your personal information in this context.

In our Cookie Notice we explain what cookies and similar technologies we use on our website for what purposes and how you can manage these cookies.

5.2 Providing, developing and improving our website

(a) Google Analytics web analysis

We use the Google Analytics analysis tool on our website. Google Analytics is provided by Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google", together with other Google companies of Alphabet Inc. "Google").

We use Google Analytics with the extension "anonymize IP". This means that your IP address will be shortened before it is sent to Google in the United States, so that Google will not receive your full IP address from us.

Categories of personal information

The following information is processed in connection with the use of Google Analytics:

  • Your IP address
  • Unique user ID assigned by the browser
  • The user's click behaviour on the website
  • The subpages that the user accesses
  • Browser type, URL, screen resolution
  • Time stamp

Purpose

We use Google Analytics to analyse your use of the website, to obtain reports about web page activities, and to obtain other Google services associated with your use of our website and other Internet use.

This will enable us to continuously improve our website, its user-friendliness and our offering, and to tailor them to suit your needs and interests.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal information is processed based on your consent given to us in the Privacy Preference Centre. You can access this via the Cookie Notice.
    We process your personal information based on section 11(1)(a) of POPIA.
  • The use of Google Analytics requires the setting of a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of Google Analytics, personal data are transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

The Privacy Policy for Google Ltd.’s Google Analytics can be found here:

https://policies.google.com/privacy?hl=en

Google reCAPTCHA

We use reCAPTCHA v2 on our website. reCAPTCHA v2 is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google Ltd", together with other Google companies of Alphabet Inc. "Google").

Categories of personal information

The following information is processed in connection with the use of Google reCAPTCHA:

  • Your IP address
  • Used browser plug-ins
  • The cookies set by Google in the last 6 months
  • Number of clicks and touches you have made on this screen
  • CSS information for the page visited
  • JavaScript objects
  • The date
  • The browser language

Purpose

We use reCAPTCHA v2 to prevent abusive automated entries in web forms, thereby protecting the host's technical systems.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Processing of your personal information is necessary to ensure the functionality of our website and to protect our website.
    We process your personal information based on section 11(1)(f) of POPIA.
    We have a legitimate interest in ensuring the functionality of our website and in protecting our website.
  • The use of reCAPTCHA v2 requires setting a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the cookie banner. For more information about our cookies, see our Cookie Notice

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of reCAPTCHA v2, personal information is transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

The Privacy Policy for Google Ltd’s reCAPTCHA can be found here:

https://policies.google.com/privacy?hl=en

(b) YouTube

On our website we embed video content via YouTube. YouTube is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (‘Google Ltd’, together with other Google companies of Alphabet Inc. “Google”).

Categories of personal information

The following information is processed in connection with the use of YouTube:

  • Your IP address
  • Information about your device
  • Browser
  • Operating system
  • Information about the video content you have viewed

Purpose

We link video content via YouTube to inform you about our products and offers.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Video content is displayed with a thumbnail image. Your data are processed by Google only when you have consented to the processing of your data ("two-click solution").
    We process your personal information based on section 11(1)(a) of POPIA.
  • The use of YouTube requires setting a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the cookie banner. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

  • In connection with the use of YouTube, personal information is transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

Google's Privacy Policy for the processing of personal information in connection with YouTube can be found here:

https://policies.google.com/privacy?hl=en

(c) Google Maps

On our website we embed maps from Google Maps. Google Maps is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google Ltd”, together with other Google companies of Alphabet Inc. “Google”).

Categories of personal information

The following information is processed in connection with the use of Google Maps:

  • Your IP address
  • Information about your device
  • Browser
  • Operating system
  • Your location

Purpose

We embed maps via Google Maps to display geographic information.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your data are processed by Google only when you have consented to the processing of your data ("two-click solution").
    We process your personal data based on section 11(1)(a) of POPIA.
  • The use of Google Maps requires the setting of a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of Google Maps, personal information is transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

Google's Privacy Policy for the processing of personal information in connection with Google Maps can be found here:

https://policies.google.com/privacy?hl=en

5.3 Advertising (tracking)

(a) Oracle Eloqua

We use Oracle Eloqua. Oracle Eloqua is provided by Oracle Deutschland B.V. & Co. KG, Riesstrasse 25, 80992 Munich ("Oracle").

Categories of personal information

The following information is processed in connection with the use of Oracle Eloqua:

  • Information about whether you open our email
  • Information about which links you click on

Purpose

We use Oracle Eloqua to personalise our emails and to determine whether our emails, particularly our newsletters, are opened and which links in our emails you click on. We use this information to improve our emails and the offers and services we provide. The aim is to tailor our website and services and offers, especially our emails, to suit your needs and interests.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal information is processed based on your consent given to us in the cookie banner.
    We process your personal information based on section 11(1)(a) of POPIA.
  • The use of Oracle Eloqua requires setting a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the cookie banner. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of Oracle Eloqua, personal information may be transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

Oracle's Privacy Policy for the processing of personal information in connection with Oracle Eloqua can be found here:

https://www.oracle.com/legal/privacy/privacy-policy.html

(b) Google Ads

On our website we embed Google Ads. Google Ads is provided by Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

Categories of personal informationThe following information is processed in connection with the use of Google Ads:

  • Your IP address
  • Information about your device
  • Browser
  • Operating system

Purpose

We use Google Ads to run search advertisement campaigns if you have visited our website before. The services allow us to combine our ads with certain keywords or, if you have visited our website in the past, to advertise services that you have viewed on our website, for example. We may display interest-based advertising on other websites within the Google Search and Display Network (as a “Google Ad” as part of the Google Search or on other Google Partner websites).

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal information is processed based on your consent given to us in the Privacy Preference Centre.
    We process your personal data based on section 11(1)(a) of POPIA.
  • The use of Google Ads requires the setting of a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of Google Ads, personal data are transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

Google's Privacy Policy for the processing of personal information in connection with Google Ads can be found here:

https://policies.google.com/privacy?hl=en

(c) Microsoft Advertising

On our website we use Microsoft Advertising. Microsoft Advertising is provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft").

Categories of personal information

The following information is processed in connection with the use of Microsoft Advertising:

  • Your IP address
  • Information about your device
  • Browser
  • Operating system

Purpose

We use Microsoft Advertising to run search advertisement campaigns for you if you have visited our website before. The services allow us to combine our ads with certain keywords or, if you have visited our web site in the past, to advertise services that you have viewed on our website, for example. This enables us to display interest-based advertising on other websites within the Microsoft Search Network.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal information is processed based on your consent given to us in the Privacy Preference Centre.
    We process your personal data based on section 11(1)(a) of POPIA.
  • The use of Microsoft Advertising requires the setting of a cookie. To that end, we shall obtain your consent under section 11(1)(a) of POPIA in the Privacy Preference Centre. For more information about our cookies, see our Cookie Notice.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of Microsoft Advertising, personal information is transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Privacy Policy

Microsoft's Privacy Policy for the processing of personal information in connection with Microsoft Advertising can be found here:

https://about.ads.microsoft.com/en-us/policies/legal-privacy-and-security

5.4 Social media 

On our website we use pixels from social networks. The pixels are activated and your data are processed by social networks only after you have consented to the processing of personal information by social networks in the Privacy Preference Centre.

If you are registered as a user on a social network whose pixels we use, your visit to our website can be linked to your user account on that social network. We point out that social networks can then link the data collected about you via the pixels used on our website to other personal information from you even if you are not a user of the social network.

Please also note that social network providers may also process the personal information processed via the pixel for their own purposes. In addition, we may be jointly responsible with social network providers for certain processing activities.

In the case of joint responsible parties, we shall conclude an agreement with the social network provider on the processing of personal information under joint controllership.

Please see the Privacy Policies of the social networks, which we will indicate below.

Categories of personal information

The following information is processed in connection with the use of pixels:

  • Your IP address
  • Information about your device
  • Browser
  • Operating system

Purpose

We use pixels from social networks to display information and advertising on our products, offers and services to you on the respective social network. In addition to being displayed on the respective social network, information and advertising on our products, offers and services may be displayed to you on other websites that also offer the respective pixel.

By using pixels, we obtain information about our promotional activities, especially on social networks.

Legal basis

We base the processing of your personal information on the following legal basis:

  • Your personal information is processed based on your consent given to us in the Privacy Preference Centre.
    We process your personal data based on section 11(1)(a) of POPIA.

Storage period

In principle, we shall process your personal information only for as long as is necessary to achieve these purposes. For more information on the storage period, see section 6 of this Privacy Notice.

Transfer of your data to countries outside South Africa

In connection with the use of pixels, personal data may be transferred to countries outside South Africa. For more information, see section 8 of this Privacy Notice.

Pixels used and Privacy Policies for the pixels used 

We list the pixels of social networks used by us below together with information about the social network provider and the Privacy Policy for the respective social network and pixel.

Meta (Facebook) pixel

The Meta pixel (formerly the Facebook pixel) is provided by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Meta").

Meta's Privacy Policy for the processing of personal information in connection with Meta pixels can be found here:

https://www.facebook.com/about/privacy/

6 STORAGE PERIOD

We shall store your data only for as long as is necessary to provide our offerings, in particular our website, or for as long as we have a legitimate interest in continuing to store your data. The storage period for your personal information depends in particular on the category of personal information processed and the purpose of the processing. Storage of your data is also considered based on your consent to its storage.

Finally, we take into account statutory storage periods, which may require us to keep your data for a certain period of time. Your data will therefore be stored if this is provided for by applicable legislation, regulations, laws or other provisions to which we are subject. Corresponding requirements are also found in particular in commercial and tax legislation or derive from the regular statutory limitation periods.

In the event of a legal dispute, we will keep the personal information that we need for our legal defence until the final conclusion of the proceedings.

For further information on the storage period, please contact us using the contact details that can be found in section 1 of this Privacy Notice.

7 RECIPIENTS OF YOUR PERSONAL INFORMATION

7.1 Recipients within the STIHL Group

In certain cases, we share your personal information with other companies in the STIHL Group. Processing by these STIHL companies is one regularly on our behalf. The processing of your personal information may also be carried out by the STIHL company receiving your data as the responsible party or where that company is a joint responsible party with us.

If we share your personal information with other responsible parties, this will in principle be done only if this is necessary for the performance of a contract with you, if we or the third party have a legitimate interest in this or if you have agreed to this.

Processing of your personal information by another STIHL company on our behalf in the capacity of operator is carried out on the basis of a contract for processing data on behalf of a responsible party within the meaning of POPIA (ie. an operator agreement).

Where the recipient of the personal information processes personal information in the capacity of responsible party, we shall conclude with that recipient with appropriate data protection undertakings. This agreement shall lay down, inter alia, the obligations of the recipient of the personal information in relation to compliance with the requirements of POPIA, if any. We shall be happy to provide you with the essential elements of this agreement on request. To this end, please contact us using the contact details that can be found in section 1 of this Privacy Notice.

7.2 Recipients outside the STIHL Group (third parties)

In addition to recipients in the STIHL Group, we also share your personal information with third parties, in respect of individual processing operations and taking into account the data protection requirements. These third parties include service providers that process your personal information on our behalf and service providers that provide services for us that are associated with the processing of your personal information. The processing of your personal information may also be carried out under the sole direction and instruction of the third parties (ie. as responsible parties) receiving your data or under a joint responsible party arrangement between those third parties with us.

If we share your personal information with other responsible parties, this will in principle be done only if this is necessary for the performance of a contract with you, if we or the third party have a legitimate interest in this or if you have consented to this.

In connection with the processing of your personal information we use the following categories of service providers:

  • IT service providers (data hosting providers)
  • Support (customer support)
  • Lawyers, accountants and tax advisers
  • Marketing application providers or applications to improve the user experience

Where we are obliged to do so under POPIA and applicable laws, we will also pass on your data to authorities and courts.

Processing of your personal information by third parties on our behalf in the capacity of operator is carried out on the basis of a contract for processing data on behalf of a responsible party within the meaning of POPIA.

In the case of another responsible party processing your personal information, we shall conclude an agreement on processing with appropriate data protection undertakings. We shall be happy to provide you with the essential elements of this agreement on request. To this end, please contact us using the contact details that can be found in section 1 of this Privacy Notice.

8 TRANSFER OF YOUR PERSONAL INFORMATION TO COUNTRIES OUTSIDE SOUTH AFRICA

Regardless of where your personal information is processed, our highest priority is to always ensure the level of protection guaranteed by POPIA.

If we transfer personal information to recipients outside South Africa, we comply with the requirements in section 72 of POPIA. If we work with third parties or use service providers that may transfer your personal information to countries outside South Africa, we shall oblige those third parties or service providers to comply with the requirements in section 72 of POPIA.

We point out that not all countries outside South Africa have a level of data protection that is substantially similar to the protections afforded in terms of POPIA. If a country does not have adequate data protection laws similar to POPIA we will ensure that there is a justification under POPIA for the transfer such as binding corporate rules or a binding agreement with the recipient of the personal information that obliges the recipient to uphold the data protection principles in POPIA.

You can ask us for an overview of recipients in countries outside South Africa and for information on the measures we have taken to ensure the level of protection of POPIA at any time using the contact details specified in section 1 of this Privacy Notice.

9 YOUR RIGHTS AND EXERCISING YOUR RIGHTS

If you wish to exercise your rights set out below, you can contact us informally at any time using the means of communication specified in this Privacy Notice. You can contact us and our Information Officer by email and the other means of communication using the contact details set out in section 1 of this Privacy Notice.

9.1 Right of access

You have the right to obtain confirmation as to whether or not personal information concerning you are being processed. If we are processing personal information concerning you, you have the right to request access to the personal information and certain information prescribed by law, subject to the requirements in the Promotion of Access to Information Act, 2000. For more information on your right of access, see section 23 of POPIA.

9.2 Right to rectification / correction

You have the right to request the rectification of inaccurate personal information concerning you. Taking into account the purposes of the processing, you have the right to request to have incomplete personal information completed. For more information on your right to rectification, see section 24 of POPIA.

We always strive to ensure the accuracy of your personal information. Therefore, please notify us of any changes to your data (such as address changes) without undue delay, so that we can ensure your personal information is up-to-date.

9.3 Right to erasure

If the legal requirements are met, you may request the erasure of your personal information. In particular, this is the case where:

  • your personal information is no longer needed for the purposes for which they were collected or otherwise processed;
  • the processing of your personal information is based on your consent, you withdraw that consent and we cannot base the processing on another legal basis;
  • you have objected to the processing of your personal information on grounds relating to your particular situation and there are no overriding grounds for the processing of your personal information;
  • if your personal information been passed on to third parties we are obliged to erase your personal information, we shall inform those third parties of the erasure obligation, where required by law.

Please note that your right to erasure is subject to restrictions. For example, we are not allowed to erase personal information that we are legally required to continue to keep. Data that we need for the establishment, exercise or defence of legal claims are also excluded from your right to erasure. For more information on your right to erasure, see section 24 of POPIA..

9.4 Right to restriction of processing

You may request restriction of processing of your personal information. In particular, this is the case where:

  • you contest the accuracy of your personal information. The processing of your data will be restricted for a period enabling us to verify the accuracy of your personal information;
  • the processing of your personal information is unlawful and you request the restriction of the use of your personal information instead of the erasure of your personal information;
  • we no longer need your personal information for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims;
  • you have objected to the processing of your personal information on grounds relating to your particular situation pending the verification whether our legitimate grounds for the processing override your grounds.

For more information on your right to restriction of processing, see section 14(6) of POPIA.

9.5 Right to data portability

Subject to applicable Data Protection Legislation, you may have the right to receive the personal information that you have provided to us and that we process for the performance of the contract, based on your consent or by automated means, in a structured, commonly used and machine-readable format. You may also have the right, if the above-mentioned conditions are met, to have us transmit these data directly to a third party, where technically feasible.

9.6 Withdrawal of consent

If you have given your consent to the processing of your personal information, you may withdraw it at any time with future effect. This shall be without prejudice to the lawfulness of the processing of your data until it has been withdrawn.

9.7 Right to lodge complaints with data protection supervisory authorities or to institute civil proceedings regarding alleged interference with the protection of your personal information

If you consider that the processing of your personal information infringes applicable Data Protection Legislation, you may institute civil proceedings or lodge a complaint with the Information Regulator in South Africa of the alleged infringement. The Information Regulator's contact details are as follows:

    The Information Regulator (South Africa)
    JD House
    27 Stiemens Street
    Braamfontein
    Johannesburg
    2001

Email: POPIAComplaints@inforegulator.org.za

9.8 Right to object to processing

Right to object to the processing of your personal information in the case of processing based on our legitimate interests or where the processing is for direct marketing purposes other than direct marketing by unsolicited electronic communications as referred to in section 69 of POPIA.

Where we process data based on a legitimate interest, you may object to the processing, on grounds relating to your particular situation, at any time. Subject to applicable Data Protection Legislation, we may then no longer process your personal information unless legislation provides for such processing or we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims. We assume that, when processing is carried out based on a legitimate interest, we shall generally be able to demonstrate such compelling legitimate grounds, but we shall examine and assess each objection individually.

For more information on your right to object, see section 11 of POPIA.

10 CHANGES TO THIS PRIVACY NOTICE

In this Privacy Notice we always provide you with up-to-date, complete and, in principle, final information about the processing of your personal information in connection with our website. This requires us to regularly update this Privacy Notice. We therefore advise you to consult this Privacy Notice on a regular basis.