Introduction
This privacy policy aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“Personal Information”) as well as information that does/could not. It tells you about your privacy rights and how the law protects you.
In the context of the law and this policy, “process” means collect, store, transfer, use or otherwise act on information.
We are committed to protecting your privacy and the confidentiality of your Personal Information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your Personal Information.
We undertake to preserve the confidentiality of all information you provide to us and expect you to reciprocate.
This policy complies with the Protection of Personal Information Act 2013.
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your Personal Information.
Except as set out below, we do not share, sell, or disclose to a third party, any information collected about you, whether through our website or otherwise.
- Information Officer
We have appointed an Information Officer who is responsible for ensuring that our policy is followed. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact our Information Officer, Hennie Muller, at h.muller@nextgreen.co.za.
- Information we process
We may collect, use, store and transfer different kinds of Personal Information about you. We have collated these into groups which include, but are not limited to:
- Your identity includes, but is not limited to, information such as first name, last name, title, date of birth, and other identifiable information that you may have provided at some time.
- Your contact information includes, but is not limited to, information such as physical address, billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.
- Your financial information includes, but is not limited to, information such as your bank account and payment card details.
- Transaction information includes, but is not limited to, details about payments or communications to and from you and information about the products and/or services you have purchased from us.
- Technical information includes, but is not limited to, your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- We may aggregate anonymous information including, but not limited to, statistical or demographic data for any purpose. Anonymous information is information that does not identify you as an individual. Aggregated information may be derived from your Personal Information but is not considered personal information in law because it does not reveal your identity. For example, we may aggregate profile information to assess interest in a product or service. However, if we combine or connect aggregated data with your Personal Information so that it can identify you in any way, we treat the combined data as Personal Information, and it will be used in accordance with this Privacy Policy.
Not all of the above groups are applicable to everyone.
- Special personal information
Special Personal Information is data about your race or ethnicity, religious or philosophical beliefs, sex life, political opinions, trade union membership, information about your health and biometric data.
We may collect Special Personal Information about you if there is a lawful basis for us to do so.
- If you do not provide personal information we need
Where we need to collect Personal Information by law, or under the terms of a contract we have with you (or your employer), and you fail to provide that information when requested, we may not be able to perform that contract. In that case, we may have to cancel the relevant contract and/or stop providing a service to you. If so, we will notify you of this at the time.
The bases on which we process information about you:
- Information we process because we have a contractual obligation with you
In order to carry out our obligations under a contract we may have entered into with you, we must process the information you give us. Some of this information may be Personal Information.
We may use it in order to verify your identity for security purposes, and provide you with our services.
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
- Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our services, you provide your consent to us to process information that may be Personal Information.
If you have given us explicit permission to do so, we may from time to time, pass your name and contact information to selected associates who we consider may provide services you would find useful.
We continue to process your information on this basis until you withdraw your consent or until it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at h.muller@nextgreen.co.za. However, if you do withdraw your consent, there is a likelihood that you may not be able to use our services further.
- Information we process for the purposes of legitimate interests
We may process the information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do so after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your information, and whether you would consider it reasonable for us to do so
Some examples of the purposes for which we may process your information on this basis are:
- carrying out the services you have requested from us
- record-keeping and/or reporting for the proper and necessary administration of our business
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage our risk
- protecting your interests where we believe we have a duty to do so
- Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. The information so required may include your Personal Information.
Specific uses of information you provide to us
- Job application, employment, and training
If you send us your Curriculum Vitae or any information or request in connection with a job application, you are deemed to have consented to us processing your Personal Information and we may keep your information for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. More detail about how and why we use this information will be stipulated in your Contract of Employment. After your employment has ended, we will keep your Personal Information as required by South African law, i.e. for between three to seven years (depending on the type of information), before destroying or deleting it.
- Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we collect the information you have given to us in order to reply with the information you need. We may keep personally identifiable information associated with your messages, such as, but not limited to, your name and email address so as to be able to track our communications with you.
- Affiliate and business partner information
This is information given to us by you in your capacity as an affiliate of us or as a business partner. We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
- Personal identifiable information from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded. We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We may use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you. If combined with other information we know about you from previous visits, the information possibly could be used to identify you personally, even if you are not signed in to our website.
Disclosure and sharing of your information
- Information we obtain from third parties
Although we do not disclose your Personal Information to any third party (except as set out in this policy), we sometimes receive information that is indirectly made up from your Personal Information from third parties whose services we use.
- Information may be processed outside South Africa
Our website is hosted in South Africa and our head office is situated in South Africa. We may also use outsourced services in countries outside South Africa from time to time in other aspects of our business. Accordingly, information obtained within South Africa or any other country could be processed outside South Africa.
If you are employed by us, we may need to transfer some of your Personal Information to countries outside South Africa to enable you to work on projects there. When we do this, we will use our best endeavours to ensure that the party we are transferring your Personal Information to undertakes to provide an adequate level of protection of your Personal Information.
Control over your own information
- Your duty to supply accurate information and inform us of changes
It is important that the Personal Information we hold about you is accurate and current. When you provide us with your Personal Information, we are entitled to accept that such information is accurate and up to date. Please keep us informed if your Personal Information changes to enable us to update our records.
- Access to your Personal Information
You may at any time review and request us to update or destroy the Personal Information we hold about you, by contacting us in accordance with our PAIA Manual which is available on our website.
- Verification of your identity
When we receive any request to access, edit or delete your Personal Information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Other matters
- How you can complain
If you are not happy with our Privacy Policy or with any way we process your Personal Information we encourage you to contact us and tell us about it. You can contact our Information Officer at h.muller@nextgreen.co.za. We will then attempt to resolve your complaint by engaging with you in good faith. However, should these attempts fail, you are entitled to contact the Information Regulator, whose contact details are as follows:
Tel: 010 023 5200
Fax: 086 500 3351
Email: inforeg@justice.gov.za
- Retention period for personal data
Except as otherwise mentioned in this Privacy Policy, we keep your Personal Information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
- Compliance with the law
Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we would like to hear from you.
- Review of this privacy policy
We may update this Privacy Policy from time to time as necessary, and will ensure that the updated version is always available on our website. If you have any questions regarding our Privacy Policy, please contact our Information Officer at h.muller@nextgreen.co.za.