Privacy Notice - POPI Act

Short-form Privacy Notice

Vendor1  collects information through our website, products, and other interactive properties through which our services are delivered. We are committed to protecting the personal information we collect about you, and we take reasonable precautions to safeguard its confidentiality. This Privacy Notice describes the categories of information we collect, the purpose of such collection, the sources of information collection, and the categories of third parties we share information with. For more details regarding your personal information please review our detailed Privacy Notice below.

 

Personal information we collect:

We collect information when you engage with certain parts of the Services. We collect the following categories of personal information:

 

  • Personal identification (ex: SSN, Passport, Driver license, birth date, etc.)
  • Login credentials (ex: username, password, etc.)
  • Accounting and finance information (ex: banking details, accounting, etc.)
  • Business sensitive information (ex: agreements, policies, etc.)
  • Internet or network activities
  • Device specific information
  • Desktop Apps
  • Contact information (ex: email, phone, etc.)
  • Professional or employment related information
  • Educational information
  • Geolocation information
  • Audio/Video information (ex: Photo ID, voice id, CCTV, etc.)
  • Automotive information (ex: Tracker, lease, insurance, etc.)
  • Information users share (ex: social media, internal chats, etc.)
  • Information to process privacy requests
  • Demographic information (ex: citizenship, race, sexual orientation, etc.)

Purpose(s) of information collection:

The information we collect may be used for several purposes including:

 

  • To Get Customer Feedback
  • To Aid in Research
  • To Aid in Behavioral Analysis
  • To Process Privacy Requests
  • To administer pay and benefits
  • To establish, manage, and terminate employment
  • To comply with agreements and contracts
  • To comply with legal guidelines and regulations
  • To Improve Visitor Engagement
  • To Service Customers
  • To Provide Sales and Support
  • To Answer Questions or Address Requests
  • To Evaluate Suitable Candidates for Jobs
  • To Create User Accounts
  • To Communicate Marketing and Sales Promotions
  • To Communicate Company Policy Information
  • To Fill, Manage Sales Orders & Support Requests
  • To Write Testimonials
  • To Deliver Advertisements

Sources(s) of information we collect:

Our primary source of information collection is directly from you.  In addition, we may collect certain personal or non-personal information using other sources, including:

 

  • Laptops and Desktops
  • Websites
  • Web Apps
  • Mobile Apps
  • Shopping Carts
  • Phone Calls
  • Mobile Devices
  • Video Streaming Devices
  • Smart Speakers
  • Security Cameras
  • Wifi Routers
  • Automative Sensors
  • Smart Sensonrs & Scanners
  • Tablets
  • Data Services
  • Social Media Platforms
  • Advertizing Platforms
  • Direct in-person collection

Categories of third parties we share information with

We may share information we collect with the following categories of 3rd parties: Sub-processors, Vendors, Contractors, and Subsidiaries or Related companies.

Your Privacy Rights:

The detailed Privacy Notice provides more information regarding your rights, but, as a resident of South Africa, you have certain rights regarding your personal information, which can be exercised as described in the detailed Privacy Notice. Those rights include the right:

  • to know whether your personal information is collected or processed by us;
  • to access the specific pieces of personal information collected about you, including a record of all third parties or categories of third parties having access to your personal information;
  • to correct or rectify personal information collected about you, and/or delete specific pieces of personal information;
  • to delete all the personal information collected about you, subject to certain exceptions;
  • to object to the processing of your personal information;
  • to submit a complaint to the data protection regulator.

Contact Us

If you have any questions in relation to this policy or how we collect, use, store, or share your data, you can contact us at: support@essert.io  or to exercise your rights contact us at:  DSAR Intake Form 

 

Detailed Privacy Notice

Vendor1  services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Vendor1  (referred to in this Privacy Notice as “ Vendor1” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that we may collect, how we use and safeguard that information, and with whom we may share it.

 

THIS SERVICE IS OFFERED FROM THE REPUBLIC OF SOUTH AFRICA (“RSA”), IN PARTICULAR, IT IS NOT INTENDED FOR USE IN THE EUROPEAN UNION (“EU”). For individuals located outside of the RSA, please note that Vendor1  is a RSA-based entity. If you use the Service, all information, including Personal Information, will be transferred to Vendor1  in the RSA and used as described in this Notice.

Vendor1  encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to us by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that we may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

 

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories: Name and contact information (e.g. address; phone number; email, fax);

 

  • Personal identification (ex: SSN, Passport, Driver license, birth date, etc.)
  • Login credentials (ex: username, password, etc.)
  • Accounting and finance information (ex: banking details, accounting, etc.)
  • Business sensitive information (ex: agreements, policies, etc.)
  • Internet or network activities
  • Device specific information
  • Desktop Apps
  • Contact information (ex: email, phone, etc.)
  • Professional or employment related information
  • Educational information
  • Geolocation information
  • Audio/Video information (ex: Photo ID, voice id, CCTV, etc.)
  • Automotive information (ex: Tracker, lease, insurance, etc.)
  • Information users share (ex: social media, internal chats, etc.)
  • Information to process privacy requests
  • Demographic information (ex: citizenship, race, sexual orientation, etc.)

 

When providing personal information to us as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us.

Please note that you should not submit to us any sensitive personal information relating to your (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or genetic makeup (vi) addictions, sexual life or (vii) the commission of criminal offenses or proceedings and associated penalties or fines, unless you have previously sent to us your written consent that we may process such personal information, if Vendor1  determines consent to be a requirement of applicable law. If you provide such sensitive personal information to us, that personal information will be promptly deleted.

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Sites, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Vendor1 . You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

What are the sources of personal information collected by us?

When providing personal information to us as described in this Privacy Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Vendor1  does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used,” if the information in that section is considered personal information.

In certain limited circumstances, third-party service providers may collect information on behalf of us, though such collection will always be within the context of the Services. We may also automatically collect certain information as described in the section titled “Cookies, Device Data, and How it is Used,” the degree to which the information in that section is considered personal information. In particular, we may collect personal and non-personal information through the following additional channels:

 

  • Laptops and Desktops
  • Websites
  • Web Apps
  • Mobile Apps
  • Shopping Carts
  • Phone Calls
  • Mobile Devices
  • Video Streaming Devices
  • Smart Speakers
  • Security Cameras
  • Wifi Routers
  • Automative Sensors
  • Smart Sensonrs & Scanners
  • Tablets
  • Data Services
  • Social Media Platforms
  • Advertizing Platforms
  • Direct in-person collection

 

Why does Vendor1  collect your personal information?

Subject to the terms of this Privacy Notice, Vendor1  uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

 

  • To Get Customer Feedback
  • To Aid in Research
  • To Aid in Behavioral Analysis
  • To Process Privacy Requests
  • To administer pay and benefits
  • To establish, manage, and terminate employment
  • To comply with agreements and contracts
  • To comply with legal guidelines and regulations
  • To Improve Visitor Engagement
  • To Service Customers
  • To Provide Sales and Support
  • To Answer Questions or Address Requests
  • To Evaluate Suitable Candidates for Jobs
  • To Create User Accounts
  • To Communicate Marketing and Sales Promotions
  • To Communicate Company Policy Information
  • To Fill, Manage Sales Orders & Support Requests
  • To Write Testimonials
  • To Deliver Advertisements

 

Vendor1  does not sell, re-sell, or distribute for re-sale your personal information.

 

How does Vendor1  share your Personal Information with third parties?

We may provide any of the described categories of personal information to Vendor1  employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:Sub-processors, vendors, contractors, and subsidiaries or related companies.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the terms of service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Services, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal processes, to the extent permitted and as restricted by law; or (v) in the event that we go through business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

 

Direct Marketing Communications

We may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request through the following form DSAR Intake Form , or by using the UNSUBSCRIBE link in any email communication you may have received. Further, you may express you communication preferences by:

  • Noting your preferences at the time you register your account with the Site, or our mobile application, if any;
  • Logging into your account settings and updating your preferences;
  • Contacting us using the contact information provided below

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with us.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels.  If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

 

Retention of Data

We will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

 

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Vendor1 uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies: 

  • domain name
  • browser type and operating system
  • web pages you view
  • links you click
  • IP address
  • the length of time you visit the Sites, Portals, and/or Services
  • the referring URL or the webpage that led you to the Sites

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us). 

In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies can only be read by us; they do not execute any code or virus; and they do not contain any personal information. Cookies allow us to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

 

We may use third-party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for us. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

 

South African Privacy Rights

If you are a South African resident, South African law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”).as well the Consumer Protection Act Throughout this Privacy Notice you will find the information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with.  This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action on your personal information, including:

  • If your personal information is collected by us.
  • The specific pieces of personal information collected about you.
  • The ability to correct or delete certain personal information collected about you.
  • The ability to delete all the personal information collected about you, subject to certain exceptions.
  • To opt-in or opt-out of direct marketing to you.
  • To object to the processing of your personal information, or 
  • Appeal any rejection of access to your personal information

You may submit a request regarding your rights under POPIA or PAIA by submitting a request through the following form DSAR Intake Form  or by contacting us at one of the following: support@essert.io .

 

If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by us and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, and/or the contact information submitted to make the request). 

 

The Vendor1  does not knowingly collect or process special personal information such as your religious or philosophical beliefs, race or ethnic origins, trade union memberships, political persuasion, health or sex life, or your criminal behaviour or biometric information.

 

If you have a comment, question, or complaint about how we are processing your personal information, we hope that you contact us at support@essert.io  in order to allow us to resolve the matter. In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.

 

Third Party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Service. They automatically receive your device ID and IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Notice does not apply to them, and we cannot control their activities.

 

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. 

Users of the Service are responsible for maintaining the security of any password, user ID or another form of authentication involved in obtaining access to password-protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the services, without notice, pending an investigation, if any breach of security is suspected.

 

External Links Vendor1 

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and we are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. 

You hereby acknowledge and agree that we are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Vendor1 from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

 

Children’s Privacy

The Service is not intended for children under the age of 18, and Vendor1  does not knowingly collect the personal information of children under the age of 18.

 

Changes to this Privacy Notice

 Vendor1 reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, we will post the revised Notice on our website.

 

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by Vendor1 , please contact us at: 3140 De La Cruz Blvd, Santa Clara, CA 95051 , support@essert.io , 408.313.9877 .