R-SQUARED AGENCY’S PRIVACY AND PERSONAL INFORMATION POLICY
- For more information regarding your personal information lawfully stored or used by the Website or R-Squared Agency, please contact info@R-Squared.agency who will gladly assist.
- This Policy was last updated on 22 October 2021.
- Not all terms are necessarily defined in order.
- This Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.
1. Introduction and Our Role:
1.1. In some circumstances, R-Squared Agency is the “responsible party” (as defined in POPI) and is responsible for your personal information (collectively referred to as “we”, “us” or “our” in this Policy) in instances where we decide the processing operations concerning your personal information.
1.2. Sometimes we also operate as an “operator” (as defined in POPI) of personal information on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. The terms “user”, “you”, “data subject” and “your” are used interchangeably in this Policy and refer to all persons accessing the Website or engaging with R-Squared Agency for any reason whatsoever.
1.3. We have appointed a data representative at R-Squared Agency who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.
1.4. Our full details are:
1.4.1. Full name of legal entity: R-Squared Agency (Pty) Ltd
1.4.2. Name or title of data representative: Stephane Rogovsky
1.4.3. Email address: email@example.com
1.4.4. Postal address: 4th Floor, The Old Castle Brewery, 6 Beach Road, Woodstock, Cape Town, 7915
1.4.5. Telephone number: +27 21 276 0265
1.5. You have the right to make a complaint at any time to the South African data 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.
2. Personal information we collect from you:
2.1. Should you decide to register with or function as a user on the Website, engage with us and/or use any R-Squared Agency Services, you thereby expressly consent to, and opt-in to R-Squared Agency collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
2.1.1. Information provided by the user or from an authorised responsible party:
R-Squared Agency processes personal information (that is information about the user that is personally identifiable) such as the user’s name, address, date of birth, age, gender, email address, company name, company registration number, contact details, phone number(s) and other unique information such as service preferences and contact preferences that are not otherwise publicly available. R-Squared Agency either processes such information as its own responsible party, or as an operator when data is received from another responsible party to whom you have provided your personal information with your permission to be shared with R-Squared Agency; and
2.1.2. Information that is collected automatically:
R-Squared Agency receives and stores data which is transmitted automatically from the user’s computer when the user browses the internet and accesses the Website. This information includes information from cookies (which are described in clause 14 below), the user’s Internet Protocol (“IP”) address, browser type, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
2.2. Should your personal information change, please notify us by providing us with updates to your personal information as soon as reasonably possible. R-Squared Agency will, however, not be able to update any personal information of yours attained from another responsible party. Where you want to update same, you must approach the relevant responsible party to do so. R-Squared Agency is under no obligation to ensure that your personal information or other information supplied by you is correct.
2.3. We do not process the personal information of minors when a data subject user is below the age of 18 (eighteen). Do not provide us with any such information, where same is considered a material breach of these Terms.
2.4. You warrant that the personal information disclosed to R-Squared Agency is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide.
2.5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
When do we collect your personal information:
We will process your personal information in the following circumstances:
3.1. you submit an enquiry and/or contact us or request that we contact you;
3.2. you visit or browse our Website;
3.3. when you contract with us to be a provider of services to R-Squared Agency;
3.4. you complete any R-Squared Agency document including its client form, Terms of Engagement, or surveys; and/or
3.5. you make use of our Influencer Marketing Services.
4. How we use your personal information:
4.1.Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or our Services, and you have expressly consented to this by using our Website and/or Services and accepting this Policy thereby.
4.1.1. We will not, without your express consent use your personal information for any purpose other than as set out below:
184.108.40.206. in relation to the provision to you of the Services and/or access to the Website;
220.127.116.11. to fulfil orders for products and Services;
18.104.22.168. to contact you as requested by you;
22.214.171.124. to enable you to provide us with your contracted services;
126.96.36.199. for internal record keeping of responsible party third parties and the development of metrics of third-party searches;
188.8.131.52. to contact you regarding current or new Services or any other product offered by us (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and/or
184.108.40.206. to improve our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
4.1.2. We will not, without your express consent disclose your personal information to any third party other than as set out below:
220.127.116.11. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
18.104.22.168. to external responsible parties who already have your express consent to process and/or attain such personal information from and/or with us;
22.214.171.124. to our professional services providers (such as our insurers or lawyers where we believe that it is required under our contractual relationship with them to do so);
126.96.36.199. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of this Policy and/or the Website’s other policies; and
188.8.131.52. to our service providers (under contract with us) who help with parts of our business operations. However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
4.2. We are entitled to use or disclose your 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 us, or to protect and defend our rights or property. In the event of a fraudulent online payment, R-Squared Agency 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.
5. Our legal justifications for processing your personal information:
5.1. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or our Services, and you have expressly consented to this by using our Website and/or Services and accepting this Policy thereby.
5.1.1. We will not, without your express consent use your personal information for any purpose other than as set out below:
184.108.40.206. in relation to the provision to you of the Services and/or access to the Website;
220.127.116.11. to fulfil orders for products and Services;
18.104.22.168. to contact you as requested by you;
22.214.171.124. to enable you to provide us with your contracted services;
126.96.36.199. for internal record keeping of responsible party third parties and the development of metrics of third-party searches;
188.8.131.52. to contact you regarding current or new Services or any other product offered by us (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and/or
184.108.40.206. to improve our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
5.1.2. We will not, without your express consent disclose your personal information to any third party other than as set out below:
220.127.116.11. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
18.104.22.168. to external responsible parties who already have your express consent to process and/or attain such personal information from and/or with us;
22.214.171.124. to our professional services providers (such as our insurers or lawyers where we believe that it is required under our contractual relationship with them to do so);
126.96.36.199. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of this Policy and/or the Website’s other policies; and
188.8.131.52. to our service providers (under contract with us) who help with parts of our business operations. However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
5.2. We are entitled to use or disclose your 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 us, or to protect and defend our rights or property. In the event of a fraudulent online payment, R-Squared Agency 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.
6. Third-Party Website Links:
6.1. Our Website may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators.
6.2. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy statement posted on any site you visit before using the site or providing any personal information about yourself and others.
7. Original and updated purposes for processing:
7.1. We will only use your personal information 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. If we need to use your personal information for an unrelated purpose, we will notify you and request your consent in order to process your personal information for an unrelated purpose as well as explain the legal basis for such processing.
8. International Transfer of personal information:
8.1. We may share your personal information within the R-Squared Agency group of companies and this may involve transferring and processing your data outside of South Africa.
8.2. Whenever we transfer your personal information out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
8.2.1. we will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information;
8.2.2. where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe under the GDPR; or
8.2.3. where we use providers based in the USA, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the USA.
9. Data Security and Data Retention:
9.1. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than R-Squared Agency’s in relation to your personal information.
9.2. We will:
9.2.1. treat your personal information as strictly confidential, save where we are entitled to share it asset out in this Policy;
9.2.2. take appropriate technical, security and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
9.2.3. provide you with reasonable access to your personal information to view and/or update personal details;
9.2.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
9.2.5. provide you with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; and
9.2.6. upon your request, promptly correct, transfer, return or destroy any and all of your personal information in our possession or
control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).
9.3. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with R-Squared Agency. As such, we may retain your personal information in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
9.4. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your 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 or fraud.
9.6. We are committed to implementing the necessary measures to keep your data secure, where we have implemented current industry-setting standards to keep your data secure, including the use of anti-viruses, very strict access control to all systems, every device is password protected, our documents are also password protected and none of our documents are stored on our devices but rather all securely stored online.
10. User rights and obligations:
10.1. The user is entitled to request access to any personal information held by R-Squared Agency where such access is necessary for a user to exercise and/or protect any of the user’s rights. For any personal information held by any third-party responsible party, the user must approach that responsible party for the realisation of the user’s personal information rights with them, and not with R-Squared Agency.
10.2. Under POPI, you have rights in relation to your personal information. Please contact us to find out more about, or manifest, these rights:
10.2.1 Request access to your personal data (commonly known as a “data subject access request”).
This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
10.2.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
10.2.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure forspecific legal reasons which will be communicated to you, if applicable, at the time of your request.
10.2.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
10.2.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
10.2.5.1 if you want us to establish the data’s accuracy;
10.2.5.2 where our use of the data is unlawful but you do not want us to erase it;
10.2.5.3 where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
10.2.5.4 you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
10.2.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.
10.2.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under POPI, other South African legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.
10.3. You will not have to pay a fee to access your personal information (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.
10.4. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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.
10.5. We try to respond to all legitimate requests within one week. Occasionally it may take us longer than a week 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.
10.6. Users with citizenships from jurisdictions other than of South Africa, please note that R-Squared Agency complies with all South African data protection laws when processing your personal information pursuant to the Services as we are a South African entity operating in the South African market.
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 information, please contact R-Squared Agency at firstname.lastname@example.org who will gladly engage you on its application and your rights.
10.7. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not R-Squared Agency.
10.8. Users understand that there are risks involved in sharing personal information on a public forum of our Website. By disclosing your personal information publicly, such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you. This is because you are making your personal data public by acting as such, which data other third parties may see and use.
10.9. By accepting this Policy, you have opted-in to receive emails from R-Squared Agency, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
10.10. You have the right to opt-out of receiving email communication by following the directions posted on every email communication or by emailing email@example.com and asking to not be contacted from then on.
11. R-Squared Agency’s rights relating to personal information:
11.1. Circumstances may arise where, whether for strategic or other business reasons, R-Squared Agency decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is R-Squared Agency’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to this Policy.
11.2. R-Squared Agency strives to keep the user’s personal information accurately recorded. R-Squared Agency provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, transfer or deletion, as applicable.
Please contact info@R-Squared.agency to engage R-Squared Agency on such actions or requests.
12.2. If you have a complaint about our use of your information, please contact us directly so that we can address your complaint.
13. Notification of Changes:
13.2. We will update the version number and date of this document each time it is changed.
14. Cookies provisions:
14.1. The Website may make 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 we 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, and to display more focused advertising to a user by way of third party tools.
14.3. For more information on the exact Cookies and technical data used, please contact firstname.lastname@example.org who will gladly provide a full technical breakdown of same cookies and technical data.