Privacy Policy

Zaio Technology (Pty) Ltd] (reg: 2017/490284/07) (“Zaio”) adheres to the highest standards of protecting your personal information when you use https://www.zaio.io/ or any of its related blogs, websites, applications or platforms (collectively, “the Website”) or any Zaio services (“Services”). As such, we have created this specific and detailed Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your privacy (“Policy”).

YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. Introduction
   1. This Privacy Policy is to be read as if specifically incorporated into the Terms of Service.
   2. Please note that Zaio is a private limited liability company duly registered and operating in accordance with the laws of the Republic of South Africa.
   3. Users with citizenships and in locations from jurisdictions other than of South Africa, please note that Zaio complies with all South African data protection laws when processing your personal data pursuant to your use of the South African Website/the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal data, please contact our data representative at info@zaio.io to gladly engage you on its application and your rights.
   4. For more information regarding your personal information lawfully stored or used by the Website or Zaio, please contact info@zaio.io who will gladly assist.
   5. This Policy was last updated on 05/06/2020, where you can acquire previous versions hereof by contacting us.
   6. Not all terms are necessarily defined in order, or may be defined in our general Terms of Service.
2. Privacy Policy
   1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act"). We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
   2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.
3. Our role
   1. Zaio is the “data controller” and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a “processor” of personal data on behalf of a third-party data controller, where that data controller’s privacy terms will apply, but we will draw your attention to them, when applicable
   2. We have appointed a data representative at Zaio who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.
   3. You have the right to make a complaint at any time to the South African information regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
4. Types of information we process
   1. Users will be prompted to register an account with us. In so doing, users may be asked to provide the following information (Personal Information):
      1. Identity Data: First Name, Surname, Language, Race, Marital Status,
      2. Biometric Data: Sex, Disability, Age, Physical or mental health, National, ethnic or social origin, Disability
      3. Contact Data: Email, Physical Address, Phone Number
      4. Financial Data: Bank Account Details, Company/CC/Business Name, Company/CC/Business Registration Number, Payment Gateway details
      5. Information relating to education
      6. Employment history
      7. Technical Data: Technical data automatically derived from your computer system and software, such as cookies, geo-location and, web-beacons
   2. We may also process your personal information should you:
      1. use our Website;
      2. use of Services/Programmes;
      3. contract with us;
      4. Enter any of our competitions;
      5. Engage with our social media accounts
      6. consult with us;
      7. complete forms;
      8. sign-up for newsletters;
      9. interact with us via webinar or social platform group, such as a Facebook group
      10. subscribe to our publications;
      11. provide any services to us as a service provider or independent contractor on contract with us;
      12. request information to be sent to you;
      13. attend any Zaio event whether online or in person; or
      14. give us some feedback.
   3. We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act.
   4. We will not collect, use or disclose sensitive information (such as information from or about minors, about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
   5. We may also source your personal information from external sources, where these are listed below:
      1. Technical Data from the following parties:
         1. analytics such as Google Analytics based in USA;
         2. social networks such Facebook, Instagram, Twitter, WhatsApp, LinkedIn all based in USA;
         3. survey data such as Survey Monkey, Google Forms, MailChimp based in USA;
         4. marketing platforms such as MailChimp, SendGrid based in USA; and
         5. search information providers such as Google based in USA;
      2. Financial Data from providers of technical and payment services such as Peach Payments based in Cape Town, South Africa;
   6. It is important that the personal data we hold about you is accurate and current. Accordingly, you warrant that you will keep it updated yourself by using the relevant tools on the Website, or by contacting us to change it for you.
   7. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
   8. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow your access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.
5. The reasons for our processing of your personal information
   1. By agreeing to the terms contained in this Privacy Policy, you actively and expressly consent to the use of your Personal Information in relation to:
      1. the provision and performance of the services;
      2. informing you of changes made to our website;
      3. the provision of marketing related services to you by us;
      4. responding to any queries or requests you may have;
      5. developing a more direct and substantial relationship with users for the purposes described in this clause;
      6. developing an online user profile;
      7. understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies
      8. for security, administrative and legal purposes;
      9. the creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any.
   2. Data Safety and security
      1. Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
      2. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
   3. Transfer of personal information
      1. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction, by doing one or more of the following:
         1. We will only transfer your personal data to third-parties with whom we have contracted, and whom are subject to processing standards which are equal to or better than ours; and/or
         2. Where we use providers based in the US or EU, we may transfer data to them if they are part of the Privacy Shield and/or GDPR (respectively) which requires them to provide similar protection to personal data shared between Europe and the US.
   4. Change of Purpose and Data Retention
      1. Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.
      2. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
      3. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
      4. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
      5. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
      6. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, any other South African applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements.
      7. Details of retention periods for different aspects of your personal data are available from us by contacting us.
      8. In some circumstances you can ask us to delete your data; see below for further information.
      9. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
   5. Third Parties to whom we provide personal information
      1. The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
      2. We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
      3. We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.
      4. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.
      5. Only the following third parties will have access to your personal information, for the following reasons:
         1. Internal Third Parties means other entities or parties in the Zaio group acting as joint controllers or processors and who are based in South Africa and provide IT and system administration services and undertake reporting.
         2. External Third Parties means:
            1. service providers acting as processors based in South Africa who provide IT and system administration services;
            2. South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation;
            3. Firebase based in the United States of America for having them provide their secure data storage services. Google based in in the United States of America for providing search information and survey data through Google Forms to Zaio and its users. Survey Monkey based in United States of America for having them provide survey Services to Zaio and its users. Mail Chimp based in the United States of America for providing marketing services to Zaio and its users. SendGrid based in the United States of America for providing marketing services to Zaio and its users. Wecruit based in South Africa for providing sales and marketing services to Zaio and its users.
            4. professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required; and/or
            5. European Union, South African and other authorities acting as processors or joint controllers based in the United Kingdom or European Union who may require reporting of processing activities in certain circumstances.
   6. Your legal rights
      1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:
         1. request access to your personal data;
         2. request correction of your personal data;
         3. request erasure of your personal data;
         4. object to the processing of your personal data;
         5. request a restriction of processing your personal data;
         6. request transfer of your personal data; and/or
         7. right to withdraw consent.
      2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
      3. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
      4. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
   7. Log files
      1. When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
   8. Cookies
      1. We use cookies. A cookie is a small piece of information stored on your computer or smartphone by the web browser. The two types of cookies used on the Website are described below:
      2. "Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
      3. "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
   9. Links from the website
      1. The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms ("Third Party Websites"). If you select a link to any Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
      2. Hyperlinks to Third Party Websites are provided "as is", and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
      3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
      4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
   10. Application Of The Electronic Communications And Transactions Act 25 Of 2002 ("Ect Act")
       1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
       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.
       3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users.
       4. Information to be provided in terms of section 43(1) of the ECT Act:
          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.
          2. This Website is owned and operated by Zaio Technology (Pty) Ltd.
          3. Address for service of legal documents: Shelley Road, 17, 7925, Cape Town.
          4. Contact Number: +27711010004.
          5. Website - located at https://www.zaio.io/
          6. Email address: info@zaio.io