This Privacy Notice and Informed Consent Document (“Notice”) must be read together with the agreement you will or have entered into with Smart Technology Centre (Pty) Ltd (any B-BBEE agreement, partner agreement, supplier or service provider agreement, or consumer product and services terms and conditions, collectively hereinafter the “Agreement”). Unless defined herein, terms used in this Notice shall bear the meanings as defined in the Agreement or in the Protection of Personal Information Act, 4 of 2013 (“POPIA”). Any reference to “you” and “your” Personal Information, details or other information in this Notice shall include reference to that of an Emergency Contact or that of a person or entity who you claim to represent. Any reference to “Smart Technology Centre (Pty) Ltd” “Us” “We” or “Our” shall be a reference to Smart Technology Centre (Pty) Ltd, as the context may require.

INTRODUCTION

Smart Technology Centre (Pty) Ltd is committed to protecting your privacy and recognises that it needs to comply with statutory requirements in the collection, processing, distribution and destruction of Personal Information.

Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy; additionally, POPIA further reiterates that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of Personal Information.

According to section 18 of POPIA, if Personal Information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is made aware of the Personal Information being collected. Where the Personal Information is not collected from the data subject, the data subject must be advised of the source from which it is collected, subject to certain exceptions, including those where the collection of Personal Information is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of Smart Technology Centre (Pty) Ltd.

You agree that, where Smart Technology Centre (Pty) Ltd is regarded as a responsible party under the Agreement, We may collect, collate, process and/or store Personal Information for the purpose as set out below. Smart Technology Centre (Pty) Ltd will comply with this Notice, Our internal policies and procedures, POPIA and all other relevant laws and regulations and We confirm that We respect your privacy and Personal Information. We will take all reasonable measures to protect your Personal Information, details and other information and keep it confidential, during or after any interaction of whatever nature with Smart Technology Centre (Pty) Ltd.

When there are reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorised person, We will notify you and the Information Regulator, unless the Information Regulator or a public body responsible for detection, prevention or investigation of offences, informs Us that there are legal grounds not to inform you. In the event that We provide you with such a notification, We will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.

You accept the terms and conditions of this Notice and explicitly consent to the collection, use and disclosure of your Personal Information in the manner set out below when either: 

• you provide your Personal Information, that of an Emergency Contact, or that of a person or entity who you claim to represent, to Us;
• when using Our website, social media platforms or mobile applications;
• When using Our products and services, and/or; continue to provide any services and/or products to Us. 
• Upon submission of an application form or other forms relating to any of Our products and services; 
• When interacting with Our customer support teams (via telephone calls, letters, face-to-face meetings and emails); 
• Upon submission of a request for Us to contact you, or request for you to be included in an email or other mailing lists; 
• When there is response by you to any promotion, initiatives or marketing activity; 
• When We receive references from business partners and third parties; 
• Upon submitting Personal Information to Us for any other reason.

If you do not agree with the provisions of this Notice or if you are concerned about any aspect relating to the protection of your Personal Information, please do not continue to provide your Personal Information to Us; use any of Our websites, social media platforms or mobile applications; use Our services and/or products and/or; continue to provide any services and/or products to Us.

SECTION 18 DETAILS

Smart Technology Centre (Pty) Ltd would like to acquire informed consent from you before We collect any of your Personal Information, that of your Emergency Contact or of any person or entity who you claim to represent (also referred to as the data subject).

Smart Technology Centre (Pty) Ltd is obliged to provide you with the following information when collecting Personal Information from you:

Type of information: We will obtain and process the following Personal Information:

Customers:

• General Personal Information – name, physical address, postal address, e-mail addresses, telephone or mobile numbers;
• Identification numbers – copies of registration, identity or passport documentation, associated numbers and other reference numbers issued by government bodies or agencies;
• Financial information – bank account name, number and account details, invoices, statements, credit history, credit score and other financial information;
• Business system information – system and user identification or account names / numbers and certain passwords; on-line platform activity records;
• Company secretarial information – statutory documents, B-BBEE certificates / affidavits and tax compliance statuses;
• Contractual information – Signed Agreements, e-mail instructions and approvals, and recordings of telephone calls between you and Smart Technology Centre (Pty) Ltd;
• Information to provide products and services to you – activity records (such as bandwidth utilization reports, voice telephone reports); identification of a product, hardware or asset (make, model, or serial number of such for example a managed router); 

Third Party Vendors:

• General Personal Information – name, physical address, postal address, e-mail addresses, telephone or mobile numbers;
• Identification numbers – copies of registration, identity or passport documentation, associated numbers and other reference numbers issued by government bodies or agencies;
• Financial information – bank account name, number and account details, invoices, statements, credit history, credit score and other financial information;
• Business system information – system and user identification or account names / numbers and certain passwords; on-line platform activity records;
• Company secretarial information – statutory documents, B-BBEE certificates / affidavits and tax compliance statuses; and/or any other business related industry certification; and; 
• Contractual information – signed Agreements and other documentation, recordings of telephone calls between you and Smart Technology Centre (Pty) Ltd; and your customers’ business and asset information to enable Us to provide the services to you (if any).

Where Personal Information will be held and how it will be stored:  the Personal Information will be stored in hardcopy and/or softcopy (either in the cloud for backup and retentions; on electronic devices; on third-party Customer Relationship Management (CRM) platforms where need and on Our own internal servers in Our datacentres; 

Purpose: you agree that We may use the Personal Information, details and any other relevant information to enable:

• Us to identify you and potentially enter into an agreement with you;
• Us to carry out any Agreement/s that may exist between you and Us;
• Us to respond to queries and requests;
• Us monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
• Our finance department to pay or invoice you for products and services rendered or provided; for Us to invoice you for the use or purchase of products and/or services; or for us to pay you for products and/or services purchased;
• Us to vet your credit history and score with a registered credit bureau or to hand you over for debt collection;
• Us conduct investigations relating to disputes, billing, suspected illegal activities or fraud;
• Us to hand over any legal matter that may arise between us to Our legal advisors; 
• Us for purposes which are reasonably related to the aforementioned.

Customer (additional purposes):

• Us to, from time-to-time, send you important information regarding Our products and services. You agree to electronic communication from Us, for example: through SMS, email, WhatsApp and/or telephone in order for Us to provide the services;
• Us to process your request to provide Our products and services to you as stipulated in the Agreement. This includes, without being limited to a.)The opening or continuation of accounts and establishing or providing users with the products and services subscribed to, a.) Facilitating the continuation or termination of user subscription to Our products and services; b.)Facilitating Third Party services if purchased, obtained, administered or processed through Us; c.)Managing and executing Our service level agreements with users; d.)Processing of payment instructions, direct debit facilities and/or credit facilities requested by users; e.) Enforcement of repayment obligations (including but not limited to debt collection, filing of claims and retrieval of payments from losses made by service partners); f.) Administering and processing any insurance claims and payments arising under the respective policies; g.) Credit and internal risk management (including but not limited to performing credit checks and disclosures to law enforcement agencies); h.) Generation of internal reports (including but not limited to annual, operational and management reports); and i.)Administering fee adjustments, refunds and waivers; 
• Our operations department to schedule for products and services to be installed, commissioned or maintained;
• Our employees to assist you in the daily operation of products and services (including but not limited to billing, customer service, customer verification, technical support, network maintenance and troubleshooting questions or queries you may have); 
• Us to ensure the quality of Our services and to ensure that we can provide services to you at all reasonable times;
• Us to collect and analyse your Personal Information and combine all the information that We have about you to enable us to provide better services to you;
• Us to aggregate information for statistical purposes and to develop strategic and marketing plans including, without being limited to, a) leads generation; b.) to administer competitions and/or personalize user experience; c.) to organise promotional events and corporate social responsibility projects; and d.) to conduct market research and surveys to understand and determine customer location, preferences and demographics in the development of marketing programmes for Our products and services. 
• Us to notify you about changes to Our services, upcoming termination of your Agreement with Us, or introduce you to new services or value added services from time to time (this includes but is not limited to upselling, cross selling and telemarketing);
• Us to process information into aggregated and/or anonymised form for commercial purposes to enhance and/or assist service delivery generally;
• Us to share certain Personal Information and such other information as may be required, with an affiliate, subsidiary, partner, service provider, insurance company, banking institution, contractor and the like (“Partner”) to enable Us to provide Our products and services to you.
• As indicated in the Agreement, you agree that We may from time-to-time, directly or through a Partner, send you communications regarding, without being limited to, a.) special offers or discounts which We may negotiate for and offer to Our customers regarding Our products and services; b.) special offers or discounts which We may negotiate for and offer to you regarding value added services; and/or c.) new services or products launched. All communications will abide by this Notice and applicable laws and regulations.
• You will always be entitled to notify Us in writing that you do not wish to receive or continue to receive promotional or marketing-related communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.
• Us for purposes which are reasonably related to the aforementioned.

Third Party Vendors (additional purposes):

• Us to tender or submit a proposal for a customer agreement, where your products and/or services are required to enable Us to provide products and services;
• Us to communicate with you to carry out any Agreement/s that may exist between you and Us, for example: through SMS, WhatsApp, email and/or telephone in order for Us to provide or receive services and/or products.
• Us for purposes which are reasonably related to the aforementioned.

Source: We may receive Personal Information from you directly, from your claimed representative, from any of our Partners, or from a credit bureau. If we receive Personal Information from another source, we will take reasonably practicable steps to notify you of this.

We will receive the Personal Information:

• electronically;
• verbally, via telephone or in-person;
• in hardcopy (on paper);
• when you make use of our websites, social media platforms, or mobile applications;
• when you apply for and use our products and/or services.

Responsible party details:

The following party is the responsible party in processing your Personal Information:

Company Name: Smart Technology Centre (Pty) Ltd

Registration Number: 2011/011853/07

Physical Address: 1 Townsend Road, Townsend Office Park, Block 10, Johannesburg

Information Officer: Linda Morris (Managing Director)

Telephone: 011 450 0011

Website: www.smartonline.co.za

Voluntary or mandatory: the disclosure of the Personal Information to Smart Technology Centre (Pty) Ltd is, unless otherwise indicated, mandatory, to enable Smart Technology Centre (Pty) Ltd to provide our products and/or services to you and/or to carry out any Agreement/s that may exist between you and Us.

Consequences of not providing the information: The consequences of failure to provide Personal Information or other details, withdrawing consent or choosing to delete certain Personal Information or other details may prevent Smart Technology Centre (Pty) Ltd to provide our product and/or services to you and/or to carry out any Agreement/s that may exist between you and Us.

Disclosing requirement: We may also share the Personal Information under the following circumstances:

• where We have reason to believe that such disclosure is necessary to identify, contact or bring legal action against a party who may be in breach of Our Agreement or may be causing injury, harm to or interference with (either intentionally or unintentionally) Our rights or property, other customers, or anyone else that could be harmed by such activities;
• when the South African Police Service requests Personal Information if they are investigating criminal matters or when insurance companies investigate insurance claims; and
• when in the public interest and required by laws and regulations. In such instances, We reserve the right to disclose the Personal Information as required in order to comply with Our legal obligations or duty, including but not limited to: complying with court orders, warrants, subpoenas, service of process requirements, discovery requests or lawful criminal investigations.

Contractual requirement: the B-BBEE agreement, partner agreement (such as with a dealer or value added reseller), sales agent agreement, insurance company agreement, banking institution agreement, contractor agreement, supplier or service provider agreement, consumer product terms and conditions, which makes the supply of the Personal Information mandatory.

In some cases, Smart Technology Centre (Pty) Ltd uses suppliers and service providers located in various countries to collect, use, analyse, and otherwise process data (which includes Personal Information) on its behalf. It is Smart Technology Centre (Pty) Ltd’s practice to require such suppliers and service providers to handle data in a manner consistent with and similar to the security and organisational measures and policies which Smart Technology Centre (Pty) Ltd complies with.

Recipients of information: Our Partners, credit bureaus, attorneys (for litigation and/or debt collecting procedures), auditors, South African Police Services or other legal / regulatory authorities and the like. 

Access and right to amend: You have the right to access your Personal Information and to request that your Personal Information is corrected, destroyed, or you may object to your Personal Information being processed. However, your Personal Information may continue to be processed if it:

• is necessary for the conclusion or performance of the agreement between us for Our rendering of Our products and services to you;
• is required by law;
• protects your legitimate interest/s;
• is necessary for the proper performance of a public law duty by a public body; or
• is necessary to pursue Our legitimate interests or the interest of a third party to whom the Personal Information is supplied.

It is your responsibility to ensure that all the Personal Information, details and/or other information you give to Us is true and correct. You must notify Us in the event of any change to such Personal Information, details and/or other information. You warrant that you are properly authorised and allowed to give Us the Personal Information. In the case of a change to the Personal Information, you will notify Us of such change within 24 (twenty-four) hours of the change or you becoming aware of the change. Details can be changed by:

Consumer Customers:

• sending an email to legal@smartonline.co.za; or
• calling 011 450 0011

Third Party Vendors:

• sending an email to or calling your Smart Technology Centre (Pty) Ltd representative or account manager.

Right to object: You have the right to object to the processing of your Personal Information, in the prescribed manner, on reasonable grounds and in relation to your particular situation, when: (i) your Personal Information is being processed to protect your legitimate interest/s or when processed to pursue Our legitimate interests or the interest of a third party to whom the Personal Information is supplied, unless there is a law that provides for such processing; or, (ii) for purposes of direct marketing other than direct marketing by means of unsolicited electronic communication.

Complaints: You have the right to lodge a complaint with the Information Regulator in line with the provisions of POPIA in the event that you feel We have not processed your Personal Information in line with legal requirements. Complaints can be lodged at the Information Regulator using the following email address: complaints.IR@justice.gov.za.

GENERAL

When you use the products and/or services provided by Us, you may be given a user name and password to access product and/or service and/or to log-in to Our website. You are responsible for maintaining the secrecy and confidentiality of the user name and password. Please do not share the password with anyone.

We value the Personal Information that you choose to provide to Us and we will take appropriate and reasonable technical and organisational measures to keep the Personal Information confidential and protect it from loss, damage, misuse or unauthorised access, destruction and/or processing. However, the transmission of any information via the internet or electronic mail is not completely secure and We cannot guarantee the security of the Personal Information transmitted to our websites or via electronic mail. Any transmission of the Personal Information to Our websites or via electronic mail is entirely at your own risk. Once We have received the Personal Information, details and/or any other information, We will use strict technical and organisational measures to try to prevent unauthorised access, destruction and/or processing.

CONSENT

By providing the Personal Information, details and/or any other information to Us, by receiving the products and/or services We provide or by continuing to provide any products and/or services to Us, you hereby consent to Smart Technology Centre (Pty) Ltd processing the Personal Information as stipulated in this Notice. You further confirm that you:

• are supplying the Personal Information voluntarily and without any undue influence from any party;
• are supplying the Personal Information because it is mandatory to supply it to enable Smart Technology Centre (Pty) Ltd to provide the products and/or services to you and/or to carry out any Agreement/s that may exist between you and Us; and
• that failure to provide the Personal Information will result in Smart Technology Centre (Pty) Ltd not being able to provide the services to you and/or to carry out any Agreement/s that may exist between you and Us.

THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE TO THE ACT

The Guide is available from the South African Human Rights Commission.

Please direct queries to:  The South African Human Rights Commission

PAIA Unit, The Research and Documentation Department:

Postal Address:  Private Bag 2700, Houghton, 2041

Telephone:  +27 11 484-8300

Website:  www.sahrc.org.za

E-mail:  PAIA@sahrc.org.za

RECORDS HELD IN TERMS OF APPLICABLE LEGISLATION – SECTION 51 (1)(D)

Information is available in terms of the following legislation, if and where applicable:

• Companies Act No. 61 of 1973
• Copyright Act No. 98 of 1978
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 95 of 1967
• Labour Relations Act No. 66 of 1995
• Value Added Tax Act No. 89 of 1991
• Skills Development Levies Act No. 9 of 1999
• Basic Conditions of Employment Act No. 75 of 1997
• Occupational Health and Safety Act No. 85 of 1993
• Electronic Communications and Transactions Act No. 25 of 2002
• Promotion of Access of Information Act No. 2 of 2000
• Unemployment Insurance Act No. 30 of 1996

FREELY AVAILABLE INFORMATION – SECTION 51 (1) ( C)

Our website contains the following information:

• Business and Consumer solutions, products and services provided by Us;
• Promotional information and brochures;
• Project case studies;
• Articles on Us published by the Media;
• Address details of the Johannesburg offices.

RECORDS HELD AS A MATTER OF STANDARD PRACTICE – SECTION 51 (1)(E)

• Operational information:  Operational information can be defined as information required for the day-to-day running of the company. (Examples of such information are: internal phone lists, address lists, company policies and general company information)
• Human resources:  Employment conditions/service agreements; Employee records; Remuneration and benefits; Employment equity reports; Occupational health and safety records; 
• Financial and management information:  Annual Financial Statements; Accounting reports/records; Management reports; Tax records

MAKING A REQUEST IN TERMS OF THE ACT

Form of request:

• The information listed in this manual is available from the company by means of a request as prescribed in Section 53 of the Act, using the prescribed form available on the South African Human Rights Commission website, see URL link below.
• Requests can be addressed to the Information Officer or Operations Manager at the address and/or contact details as indicated in paragraph 2.
• The requester must provide sufficient details on the request from to enable the Company to identify the record and the requester. The requestor should also indicate which form of access is required.
• The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.

Fees:

• A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
• If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
• A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
• Records may be withheld until the fees have been paid.
• The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.

The company reserves the right to refuse information where it falls under a specified exemption as set out in Chapter 4 of the Act (sections 62-70).

Whilst the company endeavors to ensure that the published information is accurate, complete and updated on a regular basis, no representation is made regarding the fitness of such information.

Download FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY