DIGITLAB PRIVACY POLICY


Read this policy carefully before browsing this website or using any of our services. Your continued use of this website and our services indicates that you have both read and agree to the terms of this privacy policy. You cannot use this website or our services if you do not accept this policy. All sections of this policy are applicable to users unless the section expressly states otherwise.

 

INTRODUCTION

 

Digit Lab (Pty) Ltd is a private company incorporated in the Republic of South Africa with registration number 2013/030387/07. Digit Lab (Pty) Ltd (“the company”, “we”, “us”, “our”) shall strive to ensure that our use of your personal information and all other data subjects is reasonable, lawful and relevant to our business activities.

 

1.   Privacy Policy

 

1.1.                         For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

1.2.                         In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

1.3.                         In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation services or competition, users may be asked to provide the following information (Personal Information):

1.3.1.                       First Name

1.3.2.                       Surname

1.3.3.                       Email

1.3.4.                       Phone Number

1.3.5.                       Identity Number

1.3.6.                       Bank Account Details

1.3.7.                       Physical address

1.3.8.                       Postal address

1.3.9.                       Company/CC/Business Name

1.3.10.                    Company/CC/Business Registration Number

1.3.11.                    Company/CC/Business director/member details

1.3.12.                    Age

1.4.                         We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, lead generation, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.

1.5.                         We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

1.6.                         By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

1.6.1.                       The provision and performance of our services to you

1.6.2.                       Informing you of changes made to our website

1.6.3.                       The provision of marketing related services to you by us

1.6.4.                       Responding to any queries or requests you may have

1.6.5.                       Developing a more direct and substantial relationship with users

1.6.6.                       Developing an online user profile

1.6.7.                       Understanding general user trends and patterns

1.6.8.                       For security, administrative and legal purposes

1.6.9.                       The creation and development of market data profiles

1.7.                         We have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online. Unfortunately, despite our best efforts, no data transmission or storage can be guaranteed to be 100% secure. Accordingly, we do not make any warranties or guarantees that content shall be entirely 100% secure nor do we accept any liability of whatsoever nature for loss of privacy resulting from any unauthorised disclosure and/or use of your Personal Information, unless such disclosure and/or misuse is because of our gross negligence.

1.8.                         While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

1.9.                         We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.

1.10.                      Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

1.11.                      The Personal Information we collect from users shall only be accessed by our employees, representatives, service providers, receiving parties and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

1.12.                      We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.

1.13.                      We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

1.14.                      We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.

1.15.                      We reserve the right to generally transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, or outside of South Africa in a jurisdiction that may not have comparable data protection legislation, provided that if the location does not have substantially similar laws to those of South Africa, we will take reasonably practicable steps, including the imposing of suitable contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.

 

2.   Your Rights

 

2.1.                         A user has the right:

2.1.1.                       of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;

2.1.2.                       to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;

2.1.3.                       of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;

2.1.4.                       to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;

2.1.5.                       if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in their territory;

2.1.6.                       to withdraw their consent at any time, if processing of Personal Information is based on consent;

2.1.7.                       to object to processing of Personal Information, if such processing is based on legitimate interests; and

2.1.8.                       to object to the processing of Personal Information for direct marketing purposes.

 

3.   Disclosure of Personal Information

 

3.1.                         We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your permission or in accordance with this Privacy Policy.

3.2.                         We may disclose your Personal Information to our contracted responsible parties, service providers and associates for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality and appropriate data protection measures.

3.3.                         In addition, we may disclose your Personal Information:

3.3.1.                       Where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;

3.3.2.                       With our contracted agents, advisers, consultants, service providers, suppliers, banking partners and other Operators who process Personal Information on our behalf and whose assistance we require to conduct our business operations and that:

3.3.2.1.                            have agreed to be bound by this Privacy Policy or by similar terms offering a similar level of protection;

3.3.2.2.                            where such Personal Information is necessary for the performance of their obligations to or on behalf of the Company (i.e., records storage, payroll, server hosts); and

3.3.2.3.                            based on our instructions, are not authorised by us to use or disclose the information except as strictly necessary to perform the services on our behalf as instructed or to comply with legal requirements.

3.3.3.                       With third party operators to the extent that they require such specific Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to our Website and/or the operation of our business divisions.

3.3.4.                       to enable us to enforce, implement, or apply any other contract between you and us, or any contract where we act as an agent of the principal contracted with you;

3.3.5.                       to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents, brokers or any other third party;

3.3.6.                       to any relevant third party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation);

3.3.7.                       With governmental agencies, exchanges and other regulatory or self-regulatory bodies, if required to do so by law or there is a reasonable belief that such is necessary for:

3.3.7.1.                            compliance with the law or with any legal process;

3.3.7.2.                            the protection and defence of the rights, property or safety of our customers, employees, contractors, suppliers, service providers, agents, brokers or any third party;

3.3.7.3.                            the detection, prevention and management of actual or alleged fraud, security breaches, technical issues, or the misuse or unauthorised use of the Website and any other contravention of this Privacy Policy;

3.3.7.4.                            the protection of the rights, property or safety of members of the public (if you provide false or deceptive information or make misrepresentations, we may proactively disclose such information to appropriate regulatory bodies).

 

4.   Log Files

 

4.1.                         When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.  

 

5.   Retention and Deletion

 

5.1.                         We may retain and process some of all of your Personal Information if and for as long as:

5.1.1.                       we are required or permitted by law, or contract with you to do so;

5.1.2.                       it is for lawful purposes that are related to our performance of our obligation and activities; or

5.1.3.                       you agree to us retaining it for a specified further period.

5.2.                         Unless there is a lawful purpose for us to continue procession or storing your Personal Information, we will destroy your Personal Information in the following circumstances:

5.2.1.                       the Personal Information is no longer necessary for the purposes for which it was collected or processed; or

5.2.2.                       you withdraw your consent to the processing of your Personal Information; or

5.2.3.                       you object to the processing of your Personal Information; and

5.2.4.                       there are no other lawful grounds for us to continue processing your Personal Information.

 

6.   Cookies

 

6.1.                         We use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:

6.1.1.                       “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

6.1.2.                       “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.

 

7.   Links from the website

 

7.1.                         The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.

7.2.                         Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.

7.3.                         We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.

7.4.                         Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

8.   Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)

 

8.1.                         Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.

8.2.                         Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.

8.3.                         Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users.

8.4.                         Information to be provided in terms of section 43(1) of the ECT Act:

8.4.1.                       Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.

8.4.2.                       This Website is owned and operated by Digit Lab Digital Strategy.

8.5.                         Address for service of legal documents: 2 Greenvale Village, 36 Shongweni Road, Hillcrest, 3610.

8.5.1.                       Contact Number: 087 351 0104.

8.5.2.                       Website – located at www.digitlab.co.za

8.5.3.                       Email address: info@digitlab.co.za

 

9.   Lodging of Complaints

 

9.1.                         We only process your Personal Information in compliance with this Privacy Policy and in accordance with the relevant data protection laws. If, however you have any questions or complaints about your privacy rights or this Privacy Policy, please address your concerns to info@digitlab.co.za. If you feel our attempts at resolving the matter have been inadequate, you may lodge a complaint with the South African Information Regulator through their website, https://www.justice.gov.za/inforeg/.

9.2.                         If you are located outside of South Africa, you may contact the appropriate regulatory authority in your country of domicile.

 

10.        Changes to this Policy       

 

10.1.                      We may amend this Privacy Policy from time to time and we will take reasonably practicable steps to inform you when changes are made. Without limiting how we may inform you, we may notify you by email, “pop-up” notification on our Website, or notification when you access our Website.

 

 

 

Last modified: July 23, 2021

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