BY ACCESSING AND USING THIS WEBSITE OR OUR SERVICES, THE USER IS PROVIDING THEIR EXPRESS AND VOLUNTARY CONSENT TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY CLICK2SURE (REGISTRATION NUMBER 2016/510879/07) (“CLICK2SURE”) ON THE BASIS SET OUT IN THIS PRIVACY POLICY. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.

1. Introduction

  • 1.1 Click2Sure collects, uses and, in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
  • 1.2 Click2Sure respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
  • 1.3 The purpose of this Privacy Policy is to provide Users with information about the information processing activities of Click2Sure and the manner in which their rights are protected.
  • 1.4 This Privacy Policy shall serve as a blanket notification to Users about Click2Sure’s processing activities which will remain valid for as long as one is using the services of Click2Sure, including the browsing of this website. Users will not be notified separately on each occasion that Click2Sure processes the same personal information in the same
    way over the period.
  •  1.5 Click2Sure may amend the provisions of this Privacy Policy to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.
  • 1.6 This Privacy Policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.
  • 1.7 The provisions of this Privacy Policy is, as far as possible, to be incorporated into any agreement between Click2Sure and Users.

2. Definitions & Interpretation

  • 2.1 In this Privacy Policy, the following words bear the following meanings:
    • 2.1.1 “consent” means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
    • 2.1.2 “direct marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
    • 2.1.3 “information officer” means Marguerite Vendroux;
    • 2.1.4 “operator” means an outside third party who processes personal information for or on behalf of Click2Sure in terms of a contract or mandate;
    • 2.1.5 “personal information” means any information linked to a User or information that can identify a User, including but not limited to:
      • 2.1.5.1 information relating to a User’s gender, nationality, ethnic or social origin age, language;
      • 2.1.5.2 a User’s e-mail address, physical address, telephone number, location information or online identifier;
      • 2.1.5.3 a User’s financial information including banking details and invoice information;
      • 2.1.5.4 a User’s personal opinions, views or preferences;
      • 2.1.5.5 correspondence sent by a User which is of a private or confidential nature;
      • 2.1.5.6 the User’s special personal information; and
      • 2.1.5.7 the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
    • 2.1.6 “POPIA” means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it;
    • 2.1.7 “PAIA” means the Promotion of Access to Information Act 2 of 2000;
    • 2.1.8 “process or processing” means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
      • 2.1.8.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
      • 2.1.8.2 dissemination by means of transmission, distribution or making available in any other form; or
      • 2.1.8.3 merging, linking, as well as restriction, degradation, erasure or destruction of that information;
    • 2.1.9 “special personal information” means any information relating to a User’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, criminal behaviour or biometric information linked to a User or or
      biometrical information that can identify a User, including without limitation a photographic image of the User;
    • 2.1.10 “services” means the services provided to any User by Click2Sure;
    • 2.1.11 “User” means a visitor or user of this website, or any of the content or services associated with this website and/or Click2Sure; and
    • 2.1.12 “the website” means the website or any part thereof which is accessible from Click2Sure.
  • 2.2 Any reference in this Privacy Policy to
    • 2.2.1 the singular includes the plural and vice versa;
    • 2.2.2 any one gender includes the other genders, as the case may be;
    • 2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
  • 2.3 When calculating any number 1of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
  • 2.4 The word “include” means “include without limitation”. Use of the word “include” or “in particular” is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
  • 2.5 A requirement that any Policy, request, demand or other communication made in terms of this Privacy Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is
    accessible in a manner usable for subsequent reference, provided that this policy may not be amended as such

3. Responsible Party

  • 3.1 Click2Sure will be the party who will be collecting and processing a User’s personal information and as such is designated as the “responsible party” for the purposes of this Policy.
  • 3.2 Click2Sure’s contact details are as follows:
    • 3.2.1 Email address:Click2Sure
    • 3.2.2 Website address:Click2Sure
    • 3.3 Click2Sure may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.

4. What personal information is collected

  • 4.1. Click2Sure may collect the following personal information from the User:
    • 4.1.1 Initials, first name, surname;
    • 4.1.2 Date of birth;
    • 4.1.3 Email address;
    • 4.1.4 Age and language preference;
    • 4.1.5 Gender;
    • 4.1.6 Cellphone number;
    • 4.1.7 Identity or passport number; and
    • 4.1.8 certain special personal information, as contemplated in section 26 of POPIA including health information.
  • 4.2 The supply of personal information by the User to Click2Sure is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing Click2Sure from concluding or performing any contract with the User, or preventing Click2Sure from complying with one or more of its obligations in law

5. Purpose/s for collection and processing of personal information

  • 5.1. Click2Sure shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of Click2Sure’s business.
  • 5.2 Such purposes may include the following:
    • 5.2.1 to process a User’s personal information in order to provide online services, which includes, but are not limited to, processing information with risk information agencies (where applicable), for the purposes of evaluating and processing the User’s request, to
      ensure that the most suitable services and/or rates are provided;
    • 5.2.2 to enter into a contract with a User and/or to enable a partner to contact the User and enter into a contract with the User;
    • 5.2.3 to perform any obligations under a contract with a User;
    • 5.2.4 to comply with a legal obligation;
    • 5.2.5 to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
    • 5.2.6 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or
      some of the processing activities on reasonable grounds);
    • 5.2.7 to process personal information for direct marketing purposes (where the User has opted in to receiving any direct marketing material and/or other informative material);
    • 5.2.8 to customise and display content including, but not limited to products, articles, listings and advertisement to the User in a way that Click2Sure feels may interest the User or be most beneficial to them;
    • 5.2.9 to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by Click2Sure or their agent with such content;
    • 5.2.10 to enable the User to voluntarily participate in interactive features on the website; and
    • 5.2.11 to notify the User about changes to the website or services.
  • 5.3 If Click2Sure intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s express consent to do so.
  • 5.4 Click2Sure will not sell a User’s personal information to any third party without the prior written consent of the User.

6. Collection directly from user

  • 6.1. As far as possible, Click2Sure shall always collect personal information about a User directly from the User, except in the following circumstances:
    • 6.1.1 where personal information is collected from a public record, or from another source if the information has already been made public by the User;
    • 6.1.2 where the User has given their written consent to Click2Sure to collect their information from another source;
    • 6.1.3 where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
    • 6.1.4 where the collection of personal information from another source is necessary to  maintain Click2Sure’s legitimate interests or those of any third party it intends sharing the information with;
    • 6.1.5 where the collection of personal information directly from the User would prejudice the purpose for the collection; and/or
    • 6.1.6 where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
  • 6.2 If Click2Sure collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
  • 6.3 The User hereby consents to Click2Sure requesting and obtaining credit information pertaining to the User from any reputable credit reporting agency or institution for the purpose of concluding any transaction for services to the User on this website, where applicable.
  • 6.4 Personal information may be collected from or supplied by the User in any of the following ways:
    • 6.4.1 when subscribing to a service;
    • 6.4.2 when requesting further services or information from Click2Sure;
    • 6.4.3 when contacting Click2Sure to report a problem with the website or the services or for any other reason; and/or
    • 6.4.4 when completing any forms on the website or the websites of the third parties appointed to process such information.
  • 6.5 The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content
    offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and Click2Sure is entitled to copy, distribute or otherwise use such information without limitation.

7. Cookies

  • 7.1. Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
  • 7.2 Click2Sure may use Cookies on this website to:
    • 7.2.1 distinguish one User from another on the website;
    • 7.2.2 remember the User’s last session when they return to the website;
    • 7.2.3 estimate the website’s audience size and usage patterns;
    • 7.2.4 store information about the User’s preferences, which allows Click2Sure to customize the website and content according to the Users individual preferences; and
    • 7.2.5 speed up searches on the website.
  • 7.3 The provisions of this clause are only applicable to Cookies used by Click2Sure. In some instances, third-party service providers may use Cookies on the website. Click2Sure cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefore.
  • 7.4 The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.

8. General conditions for processing personal information

  • 8.1 Click2Sure shall comply with all laws, contracts or regulations when it processes a User’s personal information.
  • 8.2 Click2Sure shall act reasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
  • 8.3 Click2Sure shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
  • 8.4 Similarly, if Click2Sure needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
  • 8.5 Click2Sure shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
  • 8.6 If there are any alternative ways to achieve the identified purpose/s without processing personal information, Click2Sure shall not process that personal information.
  • 8.7 Click2Sure shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
  • 8.8 Click2Sure shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
  • 8.9 Once Click2Sure has achieved the purpose for the collection of the User’s personal information, it will destroy, delete or de-identify such information and stop using same, unless the User has directed otherwise in writing, or Click2Sure is required by law to retain the information for a longer period of time.

9. Disclosure and sharing of personal information

  • 9.1 In the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transactions with a User, Click2Sure may share certain personal information with its affiliates or third parties as may be required to fulfil the services from time to time.
  • 9.2 Click2Sure may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities
    on behalf of Click2Sure.
  • 9.3 Other than as stated above, Click2Sure shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.

10. Users rights in relation to processing their personal information

  • 10.1 Users shall have the following rights in relation to the processing of their personal information:
    • 10.1.1 to access and correct any personal information held by Click2sure about them;
    • 10.1.2 to object to the processing of their information; and
    • 10.1.3 to lodge a complaint with the Information Regulator.
  • 10.2 Users may make a request in terms of clause 10.1.1 by [following the process for making such a request, as set out in Click2sure’s PAIA Manual], submitting a Request using the Data Subject Access Request Form OR by sending an email to the information officer (info@click2sure.co.za).

11. Further processing

  • 11.1 Click2sure shall not process a User’s personal information for any purpose not previously specified, except in the following circumstances:
    • 11.1.1 where the User has consented to such further processing;
    • 11.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between Click2sure and the User;
    • 11.1.3 where the further processing activities are linked to or compatible with the original purpose;
    • 11.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
    • 11.1.5 where the further processing is necessary to enforce any law;
    • 11.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
    • 11.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual; and/or
    • 11.1.8 where the further processing is necessary for historical, statistical or research purposes.
  • 11.2 Click2sure shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.

12. Accuracy, corrections and completeness of personal information

  • 12.1 Click2sure shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
  • 12.2 However, if a User is aware of any personal information in Click2sure’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to Click2sure’s information officer (info@click2sure.co.za) to update or correct the relevant information.
  • 12.3 If a User has contested the accuracy of any personal information being used by Click2sure, it shall stop using that information, without undue delay, until its accuracy has been verified.
  • 12.4 Click2sure reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.

13. Security safeguards

  • 13.1 Click2sure is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
  • 13.2 Click2sure takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
  • 13.3 Click2sure shall ensure that in any contracts entered into with third party operators who process personal information on Click2sure’s behalf, include the following obligations:
    • 13.3.1 the operator shall not process any personal information without Click2sure’s knowledge and authority;
    • 13.3.2 the operator shall treat all personal information given to it as confidential and shall not
      disclose it to any unauthorised third parties;
    • 13.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by Click2sure;
    • 13.3.4 the operator shall notify Click2sure immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person; and
    • 13.3.5 if the operator is situated in another country and/or if the operator processes personal information which is regulated by data protection laws in another country, it must also comply with the data protection laws in that country, which may include but is not
      limited to the General Data Protection Regulation, and be able to provide verification that it is so compliant.
  • 13.4 Click2sure shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.

14. Notification of breach of security

  • 14.1 If personal information about a User is inadvertently leaked or Click2sure’s security has been unlawfully breached by any unauthorised party, Click2sure shall:
    • 14.1.1 identify the relevant Users who may be affected by the security breach as soon as reasonably possible, and shall contact them at their last known email address or contact details or by the quickest means possible; and
    • 14.1.2 notify the Information Regulator as soon as reasonably possible.
  • 14.2 Click2sure shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.

15. Decisions based on personal information processed

  • 15.1 If Click2sure is required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that
    record.
  • 15.2 Click2sure shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of automated processing of personal information, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.
  • 15.3 Click2sure shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.
  • 15.4 If Click2sure has made a decision based on incorrect personal information, it shall correct the personal information to ensure that same is correctly captured. In addition, Click2sure will consider whether the amended information has any impact on any decision taken and, if
    reasonably practicable, inform the relevant data subject of such steps.
    15.5 immediately revisit that decision as soon as it becomes aware of the error or inaccuracy of that information.

16. Linked 3rd party websites

  • 16.1 This website may contain links or references to other websites, including those of its data processors or advertisers (“third party websites”) which are not under Click2sure’s control.
  • 16.2 The provisions of this Privacy Policy are not applicable to third party websites and Click2sure shall not responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.

17. Direct Marketing

  • 17.1 The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including, but not limited to, automatic calling machines, facsimile machines, SMS’s, Whatsapp messaging or electronic mail.
  • 17.2 Click2sure will only send electronic communications to the User for the purpose of marketing similar products or services offered by Click2sure, with the User’s consent as provided in clause 17.1.
  • 17.3 The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by Click2sure.
  • 17.4 The User can opt out of receiving further marketing communications by un-checking certain
    boxes on the forms used on the website to collect their personal information, or by contacting
    Click2sure at Click2sure.

18. Childrens Information

  • 18.1 Click2sure shall not process any personal information relating to a person under the age of 18 years nless it has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to Click2sure processing such information according to the further provisions of this Privacy Policy.

19. Cross border transfer of personal information

  • 19.1 Click2sure may transfer personal information to another country in the following circumstances:
    • 19.1.1 the transfer is necessary for the performance of a contract that Click2sure has with the User;
    • 19.1.2 the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the User;
    • 19.1.3 the transfer is otherwise for the benefit of the User; or
    • 19.1.4 the User has consented to the transfer of their information.
      19.2 If Click2sure is required to transfer personal information from South Africa to a third party in a foreign country, and if the circumstances listed in clause 19.1 are not applicable, it shall ensure
      that the third party is subject to a law, binding code of conduct or contract which effectively upholds principles for the reasonable processing of personal information which are substantially similar to the data protection offered in the Republic of South Africa

20. Retention of information

  • 20.1 Click2sure will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:
    • 20.1.1 It is required by law to keep a record of such information for a longer period of time; or
    • 20.1.2 It needs to keep a record of such information for another lawful purpose; or
    • 20.1.3 It has a contractual obligation to keep a record of such information; or
    • 20.1.4 The User has consented to their information being kept for a longer period.
  • 20.2 Click2sure may, if it has de-identified personal information, keep such information for historical, statistical or research purposes. Click2sure shall ensure that appropriate safeguards are in
    place to prevent those records from being used for any other purposes, or against the
    information being re-identified.

21. Returning, destroying or deleting persoanl information

Where Click2sure is no longer authorized to retain a record of any personal information, it shall either:

  • 21.1 ensure that the information is permanently destroyed, deleted or de-identified as soon as reasonably practicable; or
  • 21.2 return the information to the User or transfer it to a third party, if requested by the User in writing to do so.

22. Consent

  • 22.1 The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Policy.
  • 22.2 The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Policy, in particular, regarding the following:
    • 22.2.1 the types of personal information to be processed, including specifically special personal information;
    • 22.2.2 the specific processing activities to be undertaken;
    • 22.2.3 the specific purpose/s for such processing; and
    • 22.2.4 the possible consequences for the User that may arise from such processing.
  • 22.3 Should a User wish to withdraw any consent previously given by the User, they must notify Click2sure’s information officer (info@click2sure.co.za) in writing.

23. Lodging an objection

  • 23.1 A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
  • 23.2 If a User wishes to object to the processing of their personal information, they must send written notice of their objection to Click2sure’s information officer (info@click2sure.co.za) , together with their reasons for doing so.

25. Amendment of this privacy policy

  • 25.1 Click2sure reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
  • 25.2 It is the User’s obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.
  • 25.3 The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered notice of the User’s acceptance to abide by and be bound by this Privacy Policy, as amended.

24. Choice of law

  • This Privacy Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa

Date of last update: 11 August 2021.