SMARTASS SOFTWARE APPLICATION PRIVACY POLICY
1. PARTIES
1.1. This privacy policy is issued by and on behalf of Smart Tech Enterprise (Pty) Ltd (hereinafter referred to as (“Smart Tech”).
1.2. Smart Tech is a specialist online marketing agency, driven by consumer insights, user behaviour, and search engine trends. Smart Tech holistically analyses various personas and user behaviours on various search engines.
1.3. Smart Tech was created to assist in marketing products and services online. Through a certain amount of bravery and tenacity we maintain the ability to take an idea and transform it, and this has made us one of the leading online marketing agencies in South Africa.
1.4. SmartAss Digital Business Card has been created as a lead generation tool to assist businesses in acquiring more leads, by simply creating and sharing their digital business card. It includes analytics and sales funnels to track leads and sales at every step of the sales process.
1.5. The privacy policy set out herein includes any additional documents incorporated by reference (“privacy policy”), and applies to any person who uses, accesses, refers to, or views any part of this website (“you” or “your”, including cognitive terms).
2. PURPOSE
2.1. Smart Tech is committed to protecting your personal information. We promise to use your personal information only in ways that are compatible with this privacy policy.
2.2. We understand the importance of protecting your personal information and as such we subscribe to the principles outlined in section 51 of the Electronic Communications and Transactions Act 25 of 2002.
2.3. All information collected on our application, including mobile applications, and/or websites is treated as confidential information.
2.4. Information is primarily collected through your engagement with our application and/or website.
2.5. Smart Tech believes that it is an important responsibility to protect any and all of your personal information. For greater privacy protection, Smart Tech provides this policy, in terms of which Smart Tech undertakes to prevent any leakage, misuse or alteration of your personal information to the best of our ability.
2.6. The purpose of this privacy policy is to give you notice of, and inform you as to how Smart Tech collects and processes your personal data through your use of this website.
3. INTERPRETATION
3.1. This privacy policy is not to be read and interpreted in isolation – it is to be read in line with the terms of use located on our application and/or website, and any other further notices which we may post on our website from time to time.
3.2. This privacy policy must be interpreted as supplemental to other notices located on this website and/or application and must not be understood as overriding.
4. WHAT IS PERSONAL INFORMATION?
4.1. Personal information includes your name, address, age, telephone number, email address, any information that personally identifies you, or any information that is specific to you, and must be understood so as to include, inter alia, your name; email and/or physical address; fixed or mobile phone number; location; online identifier; race or ethnic origin; gender; age; religious or philosophical beliefs; health or biometric information; culture; language; education; medical, financial, criminal or employment history, including allegations of the commissioning of offences and proceedings in respect of these allegations; your personal opinions, views or preferences; and another person’s views or opinions about you.
5. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT?
5.1. Every computer connected to the internet is given a domain name and a set of numbers that serve as its IP address. When you visit a page on any website within our network, our web servers recognise your domain name and IP address.
5.2. Smart Tech automatically receives your IP address, cookie information or information on any web pages that you review and records this information onto our server. This information is gathered to be used in the process of customising our website contents.
5.3. We use this information to examine our traffic in aggregate, but do not collect and evaluate the data of individuals.
5.4. When Smart Tech collects the personal information that you submit to this website, Smart Tech clearly indicates its purpose, and does so within its necessary limitation.
5.5. If you prefer not to provide your personal information to Smart Tech, you can deny the submission on your own decision. However, please note that by denying your personal information submission, you may not be able to utilize some of the services on this website that require the submission of your personal information.
5.6. We also collect, use and share aggregated data, such as statistical data, for any purpose deemed necessary by Smart Tech or its affiliated structures.
5.7. Aggregated data refers to data that is incapable of revealing your personal information, and is used for the purposes of answering various market-related questions. We undertake to never mass together your personal data, i.e. data which can reveal your exact identity, with aggregated data.
5.8. In addition, we collect information from any related platforms, including our mobile applications, including to whom, with whom and from whom you accept, tender to accept, or interact with, under any circumstances whatsoever, including the sharing and receiving of contact cards or contact information, whether accepted, pending, rejected or otherwise.
6. HOW WE USE YOUR PERSONAL INFORMATION
6.1. Smart Tech only uses your personal information within the specific purpose that is indicated to you. You will be given prior notification if an occasion arises where we will need to use your personal information beyond the purpose originally indicated to you. If you do not agree, you can deny the usage of your personal information.
6.2. We will treat your personal information with the utmost confidentiality and will only share your information with our officers, directors, members, employees, agents and services providers required to be given access to the information. We will not share, rent or sell this information to any other third parties.
6.3. Information which we may collect from you may be used for, inter alia, the following:
6.3.1. to compile a broad profile of visitors who access and transact via the website; and mobile application.
6.3.2. to establish general demographics, statistics or market information of website users; and mobile application users.
6.3.3. to identify you, verify your identity, create a user account for you and enter into a contract with you;
6.3.4. to notify you about any changes to our websites, systems, services, privacy policies and notices, products, terms and conditions of sale, terms of use, or any other relevant change that in any way alters the relationship existent between you and Smart Tech;
6.3.5. to provide you with a catalogue of our new products and services from time to time;
6.3.6. to tailor our products and services to you, including our marketing solutions, based on the information we receive;
6.3.7. to provide you with information related to any competitions and promotions and to market our products and services, subject to your right to refuse direct marketing communications; and
6.3.8. responding to queries you may have asked us through the website.
6.4. We may receive other information about you that is publicly or commercially available and combine it with the information we have collected about you or have received from you in other ways.
7. NON-DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES
7.1. Smart Tech does not disclose, transfer or lend the personal information you submit to our website to any third parties, save for:
7.1.1. when we obtain your permission.
7.1.2. when we find it necessary to disclose information to other companies or persons with which Smart Tech contracts, that have confidentiality agreements with Smart Tech, in order to implement what was indicated to you;
7.1.3. when such information is required to protect our legitimate business interests, such as the processes of recording-keeping or debt collection;
7.1.4. when such information is processed into non-personally-identifiable information as statistical data;
7.1.5. in cases of urgent circumstances to protect people’s life, body or property;
7.1.6. in cases of being required by law to disclose such information or to conform to the edicts of the law or comply with a legal process served on Smart Tech;
7.1.7. to protect and defend the rights or property of the Smart Tech network;
7.1.8. to identify people who may be violating the law, a legal notice or the rights of third parties; and
7.1.9. to co-operate with the investigation of purported unlawful activities.
7.2. We use reasonable precautions to keep the information disclosed to us secure. When you submit your personal information on this website, we will use Secure Sockets Layer (SSL) or other equivalent method, in order to protect the transmission of data.
7.3. Accordingly you submit your personal information at your own risk and we are not responsible for any breach of security or the actions of any third parties that receive such information.
7.4. Be aware that the security measures we have implemented cannot be guaranteed to be safe from intrusion by all unauthorised persons and Smart Tech can take no responsibility for unauthorised, unintended access to your personal information by third parties.
8. YOUR LEGAL RIGHTS
8.1. You have the right to:
8.1.1. Request access to your personal data (commonly referred to as a ‘data subject access request’). You have the right to receive a copy of your personal information, which is held by us, so as to enable you to ensure that we are lawfully processing it;
8.1.2. Request the correction of the information we hold about you. You have the right to request the correction of any incomplete or inaccurate data that we hold about you, subject to our right to request the verification of such corrected data;
8.1.3. Request the transfer of your data to a third party or yourself. You have the right to request that we transfer to yourself or a designated third party, any personal information we hold about you. This excludes the transfer of aggregated data, or data that cannot be used to reveal your identity.
8.1.4. Withdraw your given consent which allows us to keep and process your data. You have the right to inform us that you no longer consent to the holding and processing of your personal information. This right entitles you, inter alia, to erasure of your personal data. This excludes the erasure of data that has been aggregated, as described above, with the aim of providing market-related information, or data that cannot be used to reveal your identity;
8.1.5. Object to the means by which we are processing data about you. You have the right to object to any use of your personal data, subject to the terms of this privacy policy;
8.1.6. Request restriction of the means by which we are processing data about you. You have the right to request that we restrict the means by which we use your personal data, subject to the terms of this privacy policy; and
8.1.7. Request the erasure of your personal data. You have the right to request that we erase permanently any and all personal data which can be used to identify you, subject to the terms of this privacy policy. We endeavour to erase, in a timeous manner, any personal information as described above, upon receipt of a request for erasure.
9. USE BY VISITORS UNDER THE AGE OF 18 YEARS
9.1. Smart Tech is committed to protecting personal information of any website visitors who are under the age of 18.
9.2. Smart Tech recommends that guardians of website visitors, who are under the age of 18 years old, review the website before such visitors access the website.
9.3. If you are under the age of 18, please provide your personal information with the consent of your guardian.
10. COOKIES AND STORAGE INFORMATION
10.1. Cookies are IDs consisting of alphabets and numbers that this website sends to your computer hard drive through your web browser. The system on this website uses Cookies to recognize your browser and can provide functions such as storing your access information until your next website visit.
10.2. Smart Tech or its advertisers may from time to time make use of Cookies. Cookies allows a web-server to collect information about the User for purposes amongst others to identify which areas of Smart Tech network of websites you have visited or customised, so that the next time you visit, those pages are easily accessible to both Smart Tech and to you.
10.3. Our advertisers may also use Cookies to ascertain how many times you’ve seen an advertisement. We, and our advertisers, may use this information to personalise the content, banners and promotions that you see on our website.
10.4. You can set up the browser to not receive new Cookies, to arrange a warning to appear on the screen when Cookies are received or to void the Cookie functions (please refer to help in your browser’s toolbar).
10.5. It will solely be on the discretion of the User to either accept or refuse Cookies through the settings on its internet web browser or alternatively use a programme or application to control the use of cookies by any website.
10.6. If you choose not to accept these Cookies, your experience at our website may be diminished and some features may not work as intended.
10.7. Information collected through the website is stored in a secure operating environment that is not available to the public.
11. OTHER INFORMATION WE MAY REQUEST
11.1. We may request your email or postal address or phone number for the purpose of conducting a survey or to provide additional services.
11.2. Whenever we request your identity, we will indicate the purpose of the enquiry before the information is requested.
11.3. We maintain a strict “no-spam” policy – we will not give your email address to a third party without your consent. In addition, we will not send you an email that you have not agreed to receive, although we may from time to time send you an email announcing new products and services.
11.4. Wherever we collect information, we make an effort to include a link to this privacy policy on that page.
12. THIRD-PARTY WEBSITES AND HYPERLINKS
12.1. The Smart Tech website may contain links to other websites. We are not responsible for the privacy policies adopted by these websites.
12.2. The inclusion of any links on our website does not imply recommendation or endorsement by us or any of our affiliates. Use of, or reliance on, by you of any links on the website is at your own risk.
12.3. You are prohibited from creating any links to the website without the prior written consent from Smart Tech.
13. PROMOTIONAL EMAILS
13.1. In the event that you elect to be added to Smart Tech and/or SmartAss Digital Business Card mailing list we use the information we collect to better meet your needs by sending you information on latest developments and new services which may be of interest to you.
13.2. From time to time we will email you information about us, if you do not wish to receive this email you can opt out by unsubscribing or emailing us. Please refer to our contact email addresses below.
14. FRAUDULENT EMAILS
14.1. Smart Tech will never request you to provide personal information such as ATM pins and passwords or ask you to verify or confirm your information by clicking on a link.
14.2. In the event that you receive an unsolicited email that appears on the face of it to be from Smart Tech which requests you to provide personal information such as ATM pins and passwords, or asks you to verify or confirm your information by clicking on a link, it is not from Smart Tech.
14.3. Smart Tech would never ask for such information via an email and we strongly urge that you do not respond to these emails and d not click on any links to such an email.
14.4. Responding to such an email places your personal information at risk.
14.5. Smart Tech shall not be held liable for any consequences arising from such fraudulent emails.
15. SOCIAL MEDIA
15.1. Please note that on the website we have links to our social media pages.
15.2. You must be aware that any information or material you may post on our social media pages will become public information.
15.3. You must be careful of the material or information you post on our social media pages.
15.4. shall not be held liable for any information or material you publish on our social media pages through our website.
16. WHAT ELSE SHOULD I KNOW ABOUT MY PRIVACY WHEN ONLINE?
16.1. We do not share with any of the websites to which we link any of the individual information you provide to us, although we may share aggregate data with such websites, such as data on how many people use our website. Please check with those websites to determine their privacy policies.
16.2. Keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. In short, if you post personal information that is accessible to the public, you may receive unsolicited messages from other parties in return.
16.3. Ultimately, you are the one responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you are online.
17. YOUR CONSENT TO THIS AGREEMENT
17.1. By using our websites and mobile applications, you consent to the collection and use of information by Smart Tech as specified above.
17.2. We reserve the right without notice to change, modify, amend, add to or remove portions or whole parts of this Privacy Policy from time to time permanently or temporarily.
17.3. All updates and/or amendments to this Privacy Policy are effective on the date we publish them on the website.
17.4. The responsibility is on you to determine whether any updates and/or amendments have been made to this Privacy Policy.
17.5. Any major policy revisions will be posted on our website in an easy-to-find and timely manner.
17.6. The continued use of the website by you after the updates or amendments have been made to the Privacy Policy has the effect of you agreeing to be bound by the new terms of the Privacy Policy.
18. INQUIRES, CORRECTIONS OR DELETIONS OF PERSONAL INFORMATION
18.1. If you would like to enquire, make any corrections or request deletion of your personal information, please place your request by clicking on the “Contact Us” link on our website.
19. WHOLE AGREEMENT
19.1. The terms and conditions expressed above constitutes the whole agreement and Smart Tech and you are bound by this privacy policy.
20. SEVERIBILITY
20.1. In the event that only part of the terms of this Privacy Policy are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms in this privacy policy, which shall remain valid and enforceable.
21. INDULGENCE
21.1. Any indulgence, leniency or extension of time which Smart Tech may give to you shall not operate as an estoppel or in any way prejudice Smart Tech or preclude Smart Tech from exercising any of its rights.
22. QUERIES AND DISPUTES
22.1. If you have any queries in relation to this Privacy Policy, including requests for the deletion of your personal information, please contact us. Our contact details are as follows:
22.1.1. Address: The Pivot, Block E, 4th Floor, 1 Montecasino Boulevard, Fourways, Gauteng, South Africa.
22.1.2. Telephone: 087 183 1879
22.1.3. Email: info@smartassdigitalbusinesscard.com
22.2. If you are dissatisfied with our resolution of your complaint, you have the right to refer it to the Information Regulator, the supervisory authority for data protection issues in South Africa.
22.3.
22.3.1. Address: SALU Building, 316 Thabo Sehume Street, Pretoria, 0002.
22.3.2. Telephone: 012 406 4818
22.3.3. Email: inforeg@justice.gov.za