PROTECTION OF PERSONAL INFORMATION (“POPI”), PRIVACY POLICY AND PRINCIPLES
Purpose
HCMPRO (“us,” “we,” or “the Company”) is committed to respecting the privacy rights of our customers, visitors, and other users of our website – hcmpro.co.za (“the website”). By using the Website you indicate your acceptance of and agreement to the Privacy Policy. Please read the Privacy Policy carefully. If you do not agree with this Privacy Policy, please do not continue to use the Website and/or to provide us with any Personal Information.
This Privacy Policy sets out our commitment to protect your privacy and Personal Information, as well as our, and your various rights and obligations in this regard. By accessing and using our website, you agree to be legally bound by the provisions of this policy. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. We shall take reasonable steps to prevent unauthorised access to, or disclosure of your PersonalInformation. However, we do not guarantee that your personal Information shall be 100% secure.
HCMPRO may require the User to provide HCMPRO with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
Users may choose to provide additional personal information to HCMPRO, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
HCMPRO asks each of its Users to abide by all applicable laws, rules and regulations, as HCMPRO
promise its Users that HCMPRO will do ourselves.
User’s consent
By using HCMPRO and its Website, the Users consent to the transfer of the User’s personal data. Subject to the below, HCMPRO will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
HCMPRO uses that information for several purposes: to register the User’s for inclusion in our Database; to contact Users if HCMPRO need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding surveys; (whether SMS, mail or email)
We may also Collect other information, including your interests, preferences, geographical location and demographics (e.g., age, race, gender, and income information). We may on occasion combine Personal Information we receive from publicly available records and information you disclose to carefully selected third parties to develop a customer profile relating to you.
To improve our service, Databases and User selection and the User’s experience on our Website and for example, monitoring the User’s browsing habits. This information is aggregate and anonymous data and does not identify you specifically.
Where you choose to receive services via mobile devices such as content via SMS, MMS and other mobile services, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to plan other promotional activities which may be of interest to you.
If at any time our Website offers any chat rooms, message boards, blogs, newsgroups or forums, etc., we Collect the information that you disclose. Such information will be used in accordance with this Privacy Policy. Please note that we are not responsible for other parties’ use of the Personal Information which you make available to such third parties through any chat room, message board, blog, newsgroup or forums, etc. on our Website.
We shall not disclose the User’s personal information to any third party other than as set out below:
To our employees and/or third-party Database providers who assist HCMPRO to interact with Users via our Website, or any other method, and thus need to know the User’s personal information in order to assist HCMPRO to communicate with Users properly and efficiently;
From time to time HCMPRO may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ participation in a survey is always voluntary, and Users therefore have a choice as to whether or not to provide the requested survey information. HCMPRO uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
Some voluntarily provided personally identifiable information may be captured; for example, when
an email address or telephone number is incorporated into a survey for the potential awarding of a
prize draw, or when the respondent has opted-in to possible follow up research. This information
may be shared with entities or other Users.
HCMPRO is entitled to use or disclose the User’s personal information if such use or disclosure is
required in order to comply with any applicable law, subpoena, order of court or legal process served on HCMPRO, or to protect and defend our rights or property.
Personal Information
HCMPRO will –
treat the User’s personal information as strictly confidential, save where HCMPRO is entitled to
share it as set out in this Policy;
take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
promptly notify Users if HCMPRO become aware of any unauthorised use, disclosure or processing of the User’s personal information;
HCMPRO will not retain the User’s personal information longer than the period for which it was originally needed, unless HCMPRO is required by law to do so, or Users consent to HCMPRO retaining such information for a longer period;
HCMPRO undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless HCMPRO is compelled to do so by law. In particular, in the event of a fraudulent online payment, HCMPRO is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it;
Whilst HCMPRO will do all things reasonably necessary to protect the User’s rights of Privacy, HCMPRO cannot guarantee or accept any liability whatsoever for unauthorised or unlawfuldisclosures of the User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence;
If Users disclose the User’s personal information to a third party, such as an entity which operates a
Website linked to this Website or anyone other than HCMPRO, HCMPRO WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because HCMPRO does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party;
Retention Period. HCMPRO will retain the User’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law;
Cross-Border Transfer for Users: The personal information from Users may be stored and processed
in any country where HCMPRO has facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country;
Children and Privacy. The HCMPRO Website does not offer information intended to attract children. HCMPRO does not knowingly solicit personal information from children under the age of 18; Parents are encouraged to seek tools to prevent unauthorised disclosures online of their name, address, and other Personal Data without parental permission
Your right to access information. The User and User have the right to request a copy of the personal information we hold about the User and/or User. To do so, simply email HCMPRO on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. HCMPRO will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
Correction of information. The User and/or User has the right to ask HCMPRO to update, correct or delete its personal information. The User and/or User may do this by contacting HCMPRO at the numbers/addresses provided below. HCMPRO will take all reasonable steps to confirm the of the User and/or User’s identity before making changes to personal information we may hold about it;
HCMPRO’s POPI contacts. If the User and/or User have questions about this Policy, believe HCMPRO has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact HCMPRO at the following numbers/addresses:
Email: careers@hcmpro.co.za
SECURITY
HCMPRO uses reasonable organisational, technical and administrative measures to protect personal
information under its control. Unfortunately, no data transmission over the Internet or data storage
system can be guaranteed to be 100% secure. Your information will not be stored for longer than is
necessary for the purposes described in this Privacy Policy. We store your Personal Information in the Republic of South Africa. and we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.If Users have reason to believe that the User’s interaction with HCMPRO is no longer secure (for example, if Users feel that the security of any account Users might have with HCMPRO has been compromised), please immediately notify HCMPRO of the problem by contacting HCMPRO in accordance with the “Contact Us” section.
COOKIES
This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website can use (and which HCMPRO may use) to recognise repeat Users, facilitate the User’s on-going access to and use of a Website and allow a Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content. The type of information collected by cookies is not used to personally identify Users. If Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Users to deny or accept the cookie feature. Please note that cookies may be necessary to provide Users with certain features available on our Website, and thus if Users disable the cookies on the User’s browser Users may not be able to use those features, and the User’s access to our Website will therefore be limited. If Users do not disable “cookies”, Users are deemed to consent to our use of any personal information collected using those cookies.
CHANGES TO THE PRIVACY POLICY
HCMPRO may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that Users are satisfied with the changes. Should a User not be satisfied, Users must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to the User’s use of this Website after the change is displayed on the Website. If Users use the Website after such amended Privacy Policy, Users will be deemed to have accepted such changes.
ELECTRONIC COMMUNICATIONS
When Users visit the Website or send emails to HCMPRO, Users consent to receiving communications from HCMPRO or any of our Users electronically in accordance with our Privacy Policy.
DISCLAIMER
The use of the Website is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst HCMPRO takes reasonable measures to ensure that the content of the Website is accurate and complete, HCMPRO makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by HCMPRO’s representatives, HCMPRO will not be bound thereby.
HCMPRO disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or any content therein unless otherwise provided by law.
Any views or statements made or expressed on the Website are not necessarily the views of HCMPRO, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere on the Website or in this Privacy Policy, HCMPRO also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the
User’s computer system, computer network, hardware or software in any way. The Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence
or wilful misconduct of HCMPRO, its employees, agents or authorised representatives. HCMPRO thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the User’s access to or use of the Website.
AVAILABILITY AND TERMINATION
HCMPRO will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to Users.
HCMPRO may in its sole discretion suspend and modify this Website, with or without notice to Users. You agree that HCMPRO will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by Users prior to such time, to the extent possible.
If Users fail to comply with the User’s obligations under this Privacy Policy, this may (in our sole discretion with or without notice to Users) lead to a suspension and/or termination of the User’s access to the Website without any prejudice to any claims for damages or otherwise that HCMPRO or the other User may have against Users.
GOVERNING LAW AND JURISDICTION
This Privacy Policy and our relationship and/or any dispute arising from or in connection with the
Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South
Africa.
Your continued use of the Website will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy.
In the event of any dispute arising between Users and HCMPRO, Users hereby consent to the non-
exclusive jurisdiction of the High Court of the Republic of South Africa (KzN Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.
GENERAL
Any failure on the part of Users or HCMPRO to enforce any right in terms hereof will not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will
remain in full force and effect.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
No other warranty or undertaking is valid, unless contained in this document between the parties.
HCMPRO 2020 | Privacy Policy & Terms and Conditions