Registration Number: CK 2015/051236/07
(“OCTOTEL”)
Registered Office Address:
5th Floor, The Point, 76 Regent Road, Sea Point, Cape Town, South Africa, 8060. Prepared in terms of the Protection of Personal Information Act 4 of 2013 (‘POPI’), in addition to OCTOTEL’s POPI/ PAIA Manual.
1. DEFINITIONS
1.1. “OCTOTEL” means Octotel (Pty) Ltd, a private company registered as such in South Africa;
1.2. “User” means any person who makes use of the OCTOTEL Website/ Mobile/ products and/ or services;
1.3.“consent’’ means any voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information;
1.4. ‘‘electronic communication’’ means 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;
1.5. “personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to— (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
1.6.‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information; 2. CONSENT
By utilising the OCTOTEL website, mobile app, or any of OCTOTEL’s products or services, the User agrees and consents to the collection and lawful processing of their personal information, for a specific purpose as detailed within the provisions of this Privacy Policy.
3. COLLECTION OF PERSONAL INFORMATION
3.1. To register for any of the OCTOTEL products and/or services,
the User will need to provide personally identifiable information which
will be entered into the OCTOTEL database and lawfully processed.
3.2. OCTOTEL may be a Responsible Party/ Operator as defined in the Protection of Personal Information Act, 4 of 2013 (‘POPI’) and as such OCTOTEL will endeavour to take all reasonable measures to protect the User’s personal information.
3.3. Should the User provide OCTOTEL with personal information by way of electronic mail correspondence, ticketing system, telephonically, chat
or other direct means, that personal information will be utilised insofar
as it is necessary to address the matters raised by the User in the
correspondence. OCTOTEL may refer such personal information to a
third party should it be necessary for such third party to assist with the
query or concern.
3.4. Except where the law and/or this Privacy Policy provides otherwise, OCTOTEL undertakes to protect the confidentiality of the personal
information supplied while contracting for the OCTOTEL
products and/or services. OCTOTEL may however disclose the User’s
personal information to:
3.4.1. its employees;
3.4.2. vetted third party service providers (Operator in terms of POPI) who assist OCTOTEL with providing services and/or products to the User;
3.4.3. law enforcement, government officials and fraud detection
agencies;
3.4.4. to any other person, should such disclosure be required in terms of any applicable law, subpoena, order of court or legal process.
3.5. OCTOTEL undertakes not to sell or otherwise dispose of the User’s personal information.
3.6. Notwithstanding the above, the User agrees that OCTOTEL may utilise the User’s personal information to inform the User of special offers and promotional material, provided that the User may opt-out of receiving
such material and information.
3.7. Should the User’s personal information change, the User is obliged to inform OCTOTEL and provide the updated correct information to
OCTOTEL. The User agrees that it will not impersonate or misrepresent any of its personal information.
3.8. The User may request access to any of their personal information held or stored by OCTOTEL.
4. COLLECTION OF NON-IDENTIFIABLE INFORMATION
4.1. When accessing OCTOTEL’s website or mobile a, the User agrees and accepts that the following non-identifiable information will automatically be collected and stored for OCTOTEL’s benefit:
4.1.1. the internet protocol (IP) address from which the User accesses OCTOTEL’s website or mobile app;
4.1.2. the type of browser and operating system used by the User to
access OCTOTEL’s website or mobile app;
4.1.3. the date and time that the OCTOTEL website or mobile app is
accessed by the User;
4.1.4. the pages visited by the User.
4.2. It is recorded and agreed by the User and OCTOTEL that the above information referred to in this clause 4 will not identify the User
personally and the User will remain anonymous.
5. COOKIES
5.1. To automatically collect the anonymous information which is
referred to in clause 4 above, the User accepts that OCTOTEL utilises cookies, which is a small file that is placed on the User’s hard drive to collect information about the use of the site.
5.2. Should the User decide that it does not want information collected using cookies, it shall be the User’s responsibility to alter the way the User’s browser identifies and manages cookies. The User accepts however, should they alter the use of cookies on their browser, certain services and features on the OCTOTEL website/app
may not be available and the User’s use of the website/app may be
limited.
5.3. If the User does not disable the cookies’ function, then the User is deemed to consent to OCTOTEL’s use of the User’s personal information collected from the cookies.
6. THIRD-PARTY SITES
Should OCTOTEL’s website/app contain any links to sites that belong to third parties, OCTOTEL will not be responsible whatsoever for any use of the User’s personal information on such sites.
7. TRANS-BORDER INFORMATION FLOW
OCTOTEL makes use of third-party vendors based outside of South Africa, such vendors will subscribe to similar or better Protection of Information flow than POPIA.
Insofar as the order, onboarding, delivery, and support, OCTOTEL will ensure Third Parties will be addressed and clause 6 above will apply.
Compliance per section 72 will be achieved through the use of the necessary contractual commitments from the relevant third parties.
Examples, some but not all, of third-party international vendors that OCTOTEL utilise are listed below:
Zoho: GDPR Privacy Policy
• https://www.zoho.com/privacy.html
• https://www.zoho.com/gdpr.html
8. AMENDMENTS TO THE PRIVACY POLICY
8.1. OCTOTEL reserves the right, in its sole discretion, to amend this Privacy Policy which will be displayed on OCTOTEL’s website /app.
8.2. It is the User’s responsibility to ensure it is acquainted with the latest terms of the Privacy Policy as displayed on the website /app.
9. DISCLAIMER
9.1. Whilst OCTOTEL will do all things reasonably necessary to protect the User’s rights, OCTOTEL cannot guarantee or accept any liability whatsoever for the unauthorised or unlawful disclosure of the User’s personal information, which is in OCTOTEL’s possession, made by third parties who are not subject to OCTOTEL’s control.
9.2. The use of OCTOTEL’s website/app is entirely at the User’s own risk and the User assumes full responsibility for any risk or loss resulting
from the use of the website/app.
9.3. OCTOTEL does not make any warranties or representations, whether express or implied, that the information or files on OCTOTEL’s
website/app
9.4. are free of viruses, spyware, malware, trojans or destructive material which can corrupt, destroy, disrupt, or compromise the operation,
stability, security or content of the User’s computer system.
10. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT ACT”)
10.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us when we respond to the Data Messages.
10.2. 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.
10.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between OCTOTEL and Users.
10.4. Information to be provided in terms of section 43(1) of the ECT Act:
10.4.1 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.
10.4.2. This Website is owned and operated by OCTOTEL Pty Ltd.
10.5. Address for service of documents per hand: 5th Floor, 76 Regent Rd, The Point Office Tower, Seapoint, Cape Town 8060.
10.6. Contact Number: 087 470 0800
Website – located at www.octotel.co.za.
Email address: legal@octotel.co.za.
