Privacy and cookies policy
1.
Introduction
1.1. We are committed to safeguarding the privacy of our website visitors, mobile
application users, hosted services, service users, individual customers and
customer personnel.
1.2. This policy applies where we are acting as a data controller with respect to the
personal data of such persons; in other words, where we determine the purposes
and means of the processing of that personal data.
1.3. Our website and mobile application incorporate privacy controls which affect how
we will process your personal data. By using the privacy controls, you can [specify
whether you would like to receive direct marketing communications and limit the
collection, sharing and publication of your personal data]
1.4. We use cookies on our website, mobile application and hosted services. Insofar as
those cookies are not strictly necessary for the provision of [our website and
services], we will ask you to consent to our use of cookies when you first visit our
website.
1.5. In this policy, "we", "us" and "our" refer to Ekurhuleni FM. For more
information about us, see Section 19.
2.
The personal data that we collect
2.1.
In this Section 2 we have set out the general categories of personal data that we
process[ and, in the case of personal data that we did not obtain directly from you,
information about the source and specific categories of that data].
2.2.
We may process data enabling us to get in touch with you ("contact data").[ The
contact data may include [your name, email address, telephone number, postal
address and/or social media account identifiers].][ The source of the contact data is
[you and/or your employer].][ If you log into our website, mobile application and
hosted services using a social media account, we will obtain elements of the
contact data from the relevant social media account provider.]
2.3.
We may process your website, mobile application and hosted service user account
data ("account data").[ The account data may [include your account identifier,
name, email address, business name, account creation and modification dates,
website settings and marketing preferences].][ The primary source of the account
data is [you and/or your employer, although some elements of the account data
may be generated by our website].][ If you log into our website, mobile application
and hosted services using a social media account, we will obtain elements of the
account data from the relevant social media account provider.]
2.4.
We may process your information included in your personal profile on our website,
mobile application and hosted services "profile data”.[ The profile data may
include [your name, address, telephone number, email address, profile pictures,
gender, date of birth, relationship status, interests and hobbies, educational details
and employment details].][ The source of the profile data is [you and/or your
employer].][ If you log into our website, mobile application and hosted services
using a social media account, we will obtain elements of the profile data from the
relevant social media account provider.]
2.5.
We may process [your personal data that are provided in the course of the use of
our services and generated by our services in the course of such use] ("service
data").The source of the service data is [you and/or your employer and/or our
services.
2.6. We may process [information contained in or relating to any communication that
you send to us or that we send to you] ("communication data"). The
communication data may include [the communication content and metadata
associated with the communication].[ Our website, mobile application and hosted
services will generate the metadata associated with communications made using
the contact forms.
2.7. We may process [data about your use of our website, mobile application, hosted
services and services] ("usage data"). The usage data may include [your IP
address, geographical location, browser type and version, operating system,
referral source, length of visit, page views and website, mobile application and
hosted services navigation paths, as well as information about the timing,
frequency and pattern of your service use]. The source of the usage data is [our
analytics tracking system].
2.8. BIOMETRICS
2.9. Please do not supply any other person's personal data to us, unless we prompt you
to do so.
3.
Purposes of processing and legal bases
3.1.
In this Section 3, we have set out the purposes for which we may process personal
data and the legal bases of the processing.
3.2.
Operations - We may process [your personal data] for [the purposes of operating
our website, mobile application, hosted services and providing our services]. The
legal basis for this processing is [our legitimate interests, namely [the proper
administration of our website, mobile application, hosted services, services and
business]] OR [the performance of a contract between you and us and/or taking
steps, at your request, to enter into such a contract]
3.3.
Publications - We may process [account data, profile data and/or service data] for
[the purposes of publishing such data on our website, mobile applications, hosted
services and elsewhere through our services in accordance with your express
instructions]. The legal basis for this processing is [consent] OR [our legitimate
interests, namely [the publication of content in the ordinary course of our
operations]] OR [the performance of a contract between you and us and/or taking
steps, at your request, to enter into such a contract]
3.4.
Relationships and communications - We may process [contact data, account
data and/or communication data] for [the purposes of managing our relationships,
communicating with you (excluding communicating for the purposes of direct
marketing) by push notification, email, SMS, post, fax and/or telephone, providing
support services and complaint handling]. The legal basis for this processing is [our
legitimate interests, namely [communications with our website visitors, mobile
application and service users, the maintenance of relationships, and the proper
administration of our website, mobile application services and business
3.5.
Personalisation - We may process [account data, service data and/or usage data]
for [the purposes of personalising the content and advertisements that you see on
our website, mobile application and through our services to ensure that you only
see material that is relevant to you]. The legal basis for this processing is [consent]
OR [our legitimate interests, namely [offering the best possible experience for our
website visitors, mobile application users and service users]] OR [the performance
of a contract between you and us and/or taking steps, at your request, to enter into
such a contract
3.6.
Direct marketing - We may process [contact data, account data and profile data]
for [the purposes of creating, targeting and sending direct marketing
communications by email, SMS, post and/or fax and making contact by telephone
for marketing-related purposes]. The legal basis for this processing is [consent] OR
[our legitimate interests, namely [promoting our business and communicating
marketing messages and offers to our website visitors, mobile application users
and service users
3.7.
Research and analysis - We may process [usage data and/or service data] for
[the purposes of researching and analysing the use of our website, mobile
applications and services, as well as researching and analysing other interactions
with our business]. The legal basis for this processing is [consent] OR [our
legitimate interests, namely [monitoring, supporting, improving and securing our
website, mobile application, services and business generally
3.8.
Record keeping - We may process [your personal data] for [the purposes of
creating and maintaining our databases, back-up copies of our databases and our
business records generally]. The legal basis for this processing is our legitimate
interests, namely [ensuring that we have access to all the information we need to
properly and efficiently run our business in accordance with this policy].
3.9.
Security - We may process [your personal data] for [the purposes of security and
the prevention of fraud and other criminal activity]. The legal basis of this
processing is our legitimate interests, namely [the protection of our website, mobile
application, services and business, and the protection of others].
3.10.
Insurance and risk management - We may process [your personal data] where
necessary for [the purposes of obtaining or maintaining insurance coverage,
managing risks and/or obtaining professional advice]. The legal basis for this
processing is our legitimate interests, namely [the proper protection of our business
against risks].
3.11.
Legal claims - We may process [your personal data] where necessary for [the
establishment, exercise or defence of legal claims, whether in court proceedings or
in an administrative or out-of-court procedure]. The legal basis for this processing
is our legitimate interests, namely [the protection and assertion of our legal rights,
your legal rights and the legal rights of others].
3.12.
Legal compliance and vital interests - We may also process your personal data
where such processing is necessary for compliance with a legal obligation to which
we are subject or in order to protect your vital interests or the vital interests of
another natural person.
4.
Providing your personal data to others
4.1. We may disclose [your personal data] to any member of our group of companies
(this means our subsidiaries, our ultimate holding company and all its subsidiaries)
insofar as reasonably necessary for the purposes, and on the legal bases, set out
in this policy.[ Information about our group of companies can be found at
www.ekurhulenifm.org.]
4.2. We may disclose [your personal data] to [our insurers and/or professional advisers]
insofar as reasonably necessary for the purposes of [obtaining or maintaining
insurance coverage, managing risks, obtaining professional advice].
4.3.
We may disclose [contact data along with any other personal data contained in
enquiries made through our website or services] to [one or more of those selected
third-party suppliers of goods and/or services identified on our website] for [the
purpose of enabling them to contact you so that they can offer, market and sell
you relevant goods and/or services].[Each such third party will act as a data
controller in relation to the personal data that we supply to it; and upon contacting
you, each such third party’s use of your personal data]
4.4. In addition to the specific disclosures of personal data set out in this Section 5, we
may disclose your personal data where such disclosure is necessary for
compliance with a legal obligation to which we are subject, or in order to protect
your vital interests or the vital interests of another natural person. We may also
disclose your personal data where such disclosure is necessary for the
establishment, exercise, or defence of legal claims, whether in court proceedings
or in an administrative or out-of-court procedure.
5.
International transfers of your personal data
5.1.
In this Section 6, we provide information about the circumstances in which your
personal data may be transferred to [countries outside the United Kingdom and the
European Economic Area (EEA)].
5.2.
We [and our other group companies] have [offices and facilities] in [South Africa].[
The competent data protection authorities have made an "adequacy decision"
with respect to [the data protection laws of each of these countries].][ Transfers to
[each of these countries] will be protected by appropriate safeguards,namely [the
use of standard data protection clauses adopted or approved by the competent
data protection authorities, a copy of which can be obtained from Ekurhuleni FM
OR [the use of binding corporate rules, a copy of which you can obtain from
Ekurhuleni FM
5.3.
The hosting facilities for our website are situated in South Africa.[ The competent
data protection authorities have made an "adequacy decision" with respect to [the
data protection laws of each of these countries].][ Transfers to [eachof these
countries] will be protected by appropriate safeguards, namely [the use of standard
data protection clauses adopted or approved by the competent data protection
authorities, a copy of which you can obtain from Ekurhuleni FM
5.4.
[Specify category or categories of supplier or subcontractor] [is] OR [are] situated
in [specify countries].[ The competent data protection authorities have made an
"adequacy decision" with respect to [the data protection laws of each of these
countries].][ Transfers to [each of these countries] will be protected by appropriate
safeguards, namely [the use of standard data protection clauses adopted or
approved by the competent data protection authorities, a copy of which can be
obtained from Ekurhuleni FM
5.5.
You acknowledge that [personal data that you submit for publication through our
website, mobile application or services] may be available, via the internet, around
the world. We cannot prevent the use (or misuse) of such personal data by others.
6.
Retaining and deleting personal data
6.1.
This Section 7 sets out our data retention policies and procedures, which are
designed to help ensure that we comply with our legal obligations in relation to the
retention and deletion of personal data.
6.2.
Personal data that we process for any purpose or purposes shall not be kept for
longer than is necessary for that purpose or those purposes.
6.3.
We will retain your personal data as follows:
6.3.1.
[contact data will be retained for a minimum period of [90 days] following
the date of the most recent communication between you and us and for
a maximum period of [180 days] following that date];
6.3.2.
[account data will be retained for a minimum period of [90 days] following
the date of closure of the relevant account, and for a maximum period of
[180 days] following that date];
6.3.3.
[profile data will be retained for a minimum period of [90 days] following
the date of deletion of the profile by you, and for a maximum period of
[180 days] following that date];
6.3.4.
[service data will be retained for a minimum period of [90 days] following
the date of termination of the relevant contract, and for a maximum period
of [180 days] following that date];
6.3.5.
[communication data will be retained for a minimum period of [90 days]
following the date of the communication in question and for a maximum
period of [180 days] following that date];
6.3.6.
[usage data will be retained for [180 days] following the date of
collection]
6.4.
In some cases it is not possible for us to specify in advance the periods for which
your personal data will be retained. In such cases, we will determine the period of
retention.
6.5.
Notwithstanding the other provisions of this Section 7, we may retain your personal
data where such retention is necessary for compliance with a legal obligation to
which we are subject, or in order to protect your vital interests or the vital interests
of another natural person.
7.
Your rights
7.1. In this Section 8, we have listed the rights that you have under data protection law.
7.2. Your principal rights under data protection law are:
7.2.1.
the right to access - you can ask for copies of your personal data;
7.2.2.
the right to rectification - you can ask us to rectify inaccurate personal
data and to complete incomplete personal data;
7.2.3.
the right to erasure - you can ask us to erase your personal data;
7.2.4.
the right to restrict processing - you can ask us to restrict
the processing of your personal data
7.2.5.
the right to object to processing - you can object to the processing of
your personal data;
7.2.6.
the right to data portability - you can ask that we transfer your personal
data to another organisation or to you;
7.2.7.
the right to complain to a supervisory authority - you can complain
about our processing of your personal data; and
7.2.8.
The right to withdraw consent - to the extent that the legal basis of
our processing of your personal data is consent, you can withdraw that
consent
7.3. These rights are subject to certain limitations and exceptions. You can learn more
about the rights of data subjects by visiting https://ico.org.uk/for-
organisations/guide-to-data-protection/guide-to-the-general-data-protection-
regulation-gdpr/individual-rights/.
7.4. You may exercise any of your rights in relation to your personal data [by written
notice to us, using the contact details set out below].
8.
Third party websites
8.1. Our website, mobile application and hosted services includes hyperlinks to, and
details of, third party websites.
8.2. In general, we have no control over, and are not responsible for, the privacy
policies and practices of third parties.
9.
Personal data of children
9.1. Our website, mobile application, hosted services and services are targeted at
persons over the age of 18.
9.2. If we have reason to believe that we hold personal data of a person under that age
in our databases, we will delete that personal data.
10.
Updating information
10.1. Please let us know if the personal information that we hold about you needs to be
corrected or updated.
11.
Acting as a data processor
11.1. In respect of [specify data], we do not act as a data controller; instead, we act as a
data processor.
11.2. Insofar as we act as a data processor rather than a data controller, this policy shall
not apply. Our legal obligations as a data processor are instead set out in the
contract between us and the relevant data controller.
12.
Sub processors
12.1. We use a select number of trusted external service providers for certain technical
data processing and/or service offerings. These service providers are carefully
selected and meet high data protection and security standards. We only share
information with them that is required for the services offered and we contractually
bind them to keep any information we share with them as confidential and to
process Personal Data only according to our instructions.
12.2. We use the following sub processors to process the data collected by us:
Sub
Data Location
Service
Processor
and Security
Microsoft
Netherlands,
Infrastructure for servers and databases
Azure
Ireland, United
and logs
States
Microsoft
Worldwide
Secure CDN (Content Delivery Network) to
Azure
store and deliver JavaScript files.
Databricks
United States
Data analytics platform for data
engineering, data science, machine
learning, and analytics
12.3. Please refer to the Data Processing Agreement for more information:
https://matomo.org/matomo-cloud-dpa/
12.4. Terms & Conditions: https://matomo.org/matomo-cloud-terms-of-service/
13.
Third party services we use
13.1. When you visit our websites, or purchase products or services, we use the
following third-party services which may collect personal data:
Recipient
Purpose of
Lawful
Data
Personal data
Privacy policy
processing
basis
location
collected by the third
and
party
security
Matomo
To collect and
Legitimate
Frankfurt,
Anonymized IP
Link
analyse information
interest
Germany
address
about how you
interact with our
Pages visited
websites, apps,
hosted services
browser and
(analytics)
device used
mouse
movements,
anonymized
keystrokes,
more.
SendGrid
Transactional and
Legitimate
United
Link
(by Twilio)
marketing emails
interest
States
Clickatell
Two-way SMS
Legitimate
United
Mobile numbers
Link
messaging
interest
States,
South
Africa
Google
Mobile application
Legitimate
United
Device ID
Link
Console
analytics, databases,
interest
States
App Store
messaging and crash
Device
reporting
Manufacturer
Firebase
Device
Operating
System
Device
Information
Country
associated to
Device
App versions
and app update
date etc.
App Crashes
information
Device Operator
Visual
Building, testing,
Legitimate
United
Link
Studio App
releasing, and
interest
States
Center
monitoring mobile
and desktop apps
Apple
MobileApp
Legitimate
United
Link
(AppStoreC
interest
States
onnect)
Analytics on ios
devices
14.
Amendments
14.1. We may update this policy from time to time by publishing a new version on our
website.
14.2. You should check this page occasionally to ensure you are happy with any
changes to this policy.
14.3. We may notify you of significant changes to this policy by email.
15.
Our details
15.1. This website is owned and operated by immedia Studio (Pty) Ltd.
15.2. We are registered in South Africa under registration number 2001/023563/07, and
our registered office is at Level 3, The Quarterdeck, 69 Richefond Circle,
Ridgeside, Umhlanga, South Africa, 4320.
15.3. You can contact us:
15.3.1. by post, to the postal address P. O Box 25080, Gateway, South Africa,
4319;
15.3.2. by telephone, on +27 31 566 8000; or
15.3.3. by email, using support@fabrik.co.za.
16.
Data protection officer
16.1. Our data protection officer's contact details are: barry@939.co.za