Excellerate Brand Management and its group companies and any successor operators of its business are sensitive to your privacy interests and believe that the protection of those interests is a significant responsibility.
This Privacy Notice explains how we will handle the personal information you provide to us and what we learn about you from your visit to our web site.
By using this site, you are agreeing to the terms of this Privacy Notice. If you do not agree to our Privacy Notice, then please do not use this site.
What is personal information?
In order to provide you with the services offered by Excellerate Brand Management on this site, you may be required by Excellerate Brand Management to provide us with personal information. Personal information is information which identifies you as an individual, including but not limited to, your name, contact details, opinions, IP address, identity number etc.
How we obtain information about you
The information we collect about you varies depending upon which part of the website you visit and how you interact with it. Personal information about you may be collected without you being aware of it through your use of the website. In this instance, we do our utmost to ensure that you are aware of the information collected which relates to you, as well as the purpose for which such information is collected.
Information which you are aware we collect
On our pages you can update personal details, make requests, view information, and submit information and register to receive services or materials. Some of the types of personal information that may be collected on these pages are name; title; place of work; work address; e-mail address; phone number; career category and areas of interest.
We do not acquire more information about you than is necessary for us to provide our services efficiently.
What we do with your information
The information which you provide us through the use of our website will be processed purely for the purposes provided to you at the point of collection or in this Privacy Notice, as an example we may use your personal information to contact you regarding career related matters. We ensure all our employees are aware of their responsibilities to protect the privacy of your personal information and we have internal privacy policies and controls in place to safeguard your personal information.
However, we may on occasion use and transfer your information to our group companies for the following purposes: (a) for business development; (b) market research; (c) to provide you with details of promotions, products, offers and services; (d) to share it between us and our group companies for direct marketing purposes.
We may need to transfer your information to third parties for purposes of our business operations, however in the instance that the transfer is not for purposes of business operations, we will not transfer your information to other third parties without your consent unless it is required by law.
Should you provide us with your details on this website and select the option of receiving marketing communication, we accept this as consent for Excellerate Brand Management to utilise your personal information for marketing communication purposes across the group. Each time we send you marketing information by e-mail or SMS text messaging, we will provide an opportunity for you to unsubscribe from receiving further information from us. Please also note that you may have provided your details to any one of our businesses outside of the use of this website, in which instance we may already have permission to provide marketing communications to you.
Information which you are not aware we collect
We may use “Cookies” and other types of tracking software in order to personalise your visit to our web site and enhance the experience by gaining a better understanding of your particular interests and customizing our pages for you. A cookie is a message given to a web browser by a web server and which is then stored by Excellerate Brand Management by the browser in a text file. Each time the browser requests a page from the server this message is sent back which enables the user to be identified.
We may use the information provided by cookies to analyse trends, administer the site, or for research and marketing purposes to help us better serve your interests. If you like, you can set your browser to notify you before you receive a cookie so you have the chance to accept it and you can also set your browser to turn off all cookies. The web site http://www.allaboutcookies.org/ (run by the Interactive Marketing Bureau) contains step-by-step guidance on how cookies can be switched off by users.
How we protect the information we process
We have implemented privacy and security controls for the purpose of protecting the personal information we collect and to provide for the use thereof within our organisation.
The accuracy of your information
While we endeavour to ensure that the personal information we hold about you is accurate and, where necessary, kept up to date, we shall assume that in the absence of evidence to the contrary, the personal information you provide us
with is accurate. We will provide you with access to your personal information and make every effort to provide you with access to your registration information so that you may view, update or correct your information (see below under heading “Access Rights”). To protect your privacy, we will also take steps to verify your identity before granting you access to your personal information. You may also update or correct your personal information held by Excellerate Brand Management by writing to us at firstname.lastname@example.org or at the address provided in the Contact Us section on the site.
Our web-site contains links to other web sites belonging to third parties. We do not control the privacy practices of these other sites. You should therefore ensure, when you leave our site that you have read that third party site’s privacy notice.
Changes to the Notice
We reserve the right, at our sole discretion, to modify, add or remove sections of this Privacy Notice at any time and we will notify you of any changes using the contact details you have provided us or through a publication on this site. Your continued use of this website, following the posting of changes to this Privacy Notice, will be deemed as your acceptance thereof.
You have a right to access the personal data we hold about you. If you wish to obtain a copy of the personal information we retain about you, please contact us on +2711 911 8000
If you have any questions regarding this Privacy Notice, or you wish to update your details, please contact us at email@example.com or at the address provided in the Contact Us section on the site.
Which Laws Apply
This Privacy Notice will be governed by the laws of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of this Privacy Notice.
Protection of Personal Information Act, 2013
Direct Marketing Disclosures and Consent
Direct Marketing is one of the areas affected by POPIA in its entirety, both to the marketer as well as the consumer. POPIA differentiates between Direct Marketing by means of unsolicited electronic communications, and Direct Marketing in person or by mail or telephone. Several provisions in POPIA draw this distinction.
”Direct Marketing”, as defined in POPIA, means to approach a Data Subject, either in person or by mail or electronic communication, for the direct or indirect purpose of—
- promoting or offering to supply, in the ordinary course of business, any goods or services to the Data Subject; or
- requesting the Data Subject to make a donation of any kind for any reason.
”Electronic Communication”, on the other hand, is defined as “any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient”.
POPIA provides that the conditions for the lawful processing of Personal Information by or for a Responsible Party for the purpose of Direct Marketing, by any means, are reflected in the Processing Conditions, read with the requirements on Direct Marketing provisions in respect of Direct Marketing by means of unsolicited electronic communications.
Rights of Data Subjects in respect of the Processing of their Personal Information
Further provisions relevant to Direct Marketing include provisions which provide that a Data Subject has the right to:
- Have his/her/its Personal Information processed in accordance with the Processing Conditions, including the right to object (i.e. ‘opt-out’) to the processing of his/her/its Personal Information at any time for purposes of Direct Marketing, and the right not to have his/her/its Personal Information processed for purposes of Direct Marketing by means of unsolicited electronic communications, except for certain provisions;
- Object, at any time, to the processing of Personal Information for purposes of direct marketing other than Direct Marketing by means of unsolicited electronic communications. If a Data Subject has so objected to the processing of Personal Information, the Responsible Party may no longer process the Personal Information.
Direct Marketing Prohibitions
POPIA further provides that the processing of Personal Information of a Data Subject for the purpose of Direct Marketing by means of any form of electronic communication, including automatic calling machines (i.e. machines that are able to do automated calls without human intervention), facsimile machines, SMSs or e-mail is prohibited, unless the Data Subject has given his/her/ its consent to the processing, or is a customer of the Responsible Party on certain conditions.
Consent from Data Subjects
POPIA determines that a Responsible Party may approach a Data Subject whose consent is required, and who has not previously withheld such consent, only once in the prescribed manner and form in order to request the consent of that Data Subject. The POPIA Regulations require that a Responsible Party must submit a request for written consent to that Data Subject on the prescribed form, which is included in your tailored CelaPOPI Toolkit [Document 16] POPIA Direct Marketing Authorisation. Consent may also be obtained via SMS, e-mail, standard mail, USSD (Unstructured Supplementary Service Data) Code or in any other acceptable form, in the prescribed format.
The POPIA Explanatory Memorandum provides the following:
Some forms of Direct Marketing are, or have the capacity to be, more intrusive than others. The general principle reflected in POPIA, in respect of Direct Marketing by means of unsolicited electronic communication, is that if a Data Subject does not consent to the processing of his/her/its Personal Information, or is not a customer of the Responsible Party, the Responsible Party will not be allowed to process the Personal Information of the Data Subject. A Responsible Party will be allowed to contact a Data Subject only once in order to request the consent of the Data Subject concerned.
Processing of Personal Information of existing Customers or Clients
POPIA specifically provides that a Responsible Party may only process the Personal Information of a Data Subject, who is an existing customer or client of the Responsible Party, if the Responsible Party has obtained the contact details of the Data Subject in the context of the sale of a product or service—
- for the purpose of Direct Marketing of the Responsible Party’s own similar products or services, and
- if the Data Subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his/her/its electronic details at the time when the information was collected, as well as on the occasion of each communication with the Data Subject for the purpose of marketing, if the Data Subject has not initially refused such use.
Section 69(4) of POPIA provides that any communication for the purpose of Direct Marketing must contain details of the identity of the sender or the person on whose behalf the communication has been sent, and an address or other contact details to which the recipient may send a request that such communications cease.