2. Your Responsibilities

 

2.1 This Privacy Policy applies to all Sakeng Members, Partners, Distributors and all visitors to our website. This will constitute a binding agreement between us. Should you not accept and agree to the terms of this Privacy Policy, you may not use the Sakeng Platform, and must immediately cease using same, as your continued use of the Sakeng Platform will be deemed to indicate that you have read, accepted and agreed to the terms of this Privacy Policy.

2.2 We reserve the right to amend, modify, update and change any of the terms of the Privacy Policy from time to time. You will be notified via the Sakeng Platform of any material changes that may affect your legal rights as a Member. It is your responsibility to regularly check the Privacy Policy and make sure that you are satisfied with the changes.

3. Definitions and Interpretation

 

3.1 “Data Subject” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.2 “Members” means any active Sakeng Emporium Members and means a person interacting with a Sakeng Partner to access any of the Products/Services provided via the Sakeng Platform;

3.3 “Privacy Policy”” means these Sakeng Emporium standard privacy terms and conditions together with any Schedules and future amendments thereto that may be uploaded onto the Sakeng Platform from time to time;

3.4 “Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.5 “Privacy and Data Protection Conditions” shall mean the statutory prescribed conditions for the lawful Processing of Personal Information which is entered into a Record and such conditions are listed in Section 4(1) of POPI and are dealt with in detail in Part A of Chapter 3 of POPI;

3.6 “Processing” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.7 “POPI” means the Protection of Personal Information Act, No 4 of 2013, as amended from time to time, including any regulations and/or code of conduct made under the Act;

3.8 “Record” shall have the meaning ascribed to it in Chapter 1 of POPI;

3.9 “Sakeng Partner” means entity using our Products and Services to engage with their customers who are also active and participating Sakeng Members;

3.10 “Sakeng Platform”” means the deliverable software and products developed and offered by us via the Sakeng Platform and the Sakeng website;

3.11 “us”, “our” and/or “we” means Sakeng Emporium who renders the Services and/or delivers the Products;

3.12 “you” and/or “your” means you the Sakeng Member who applies for and receives service from the Emporium.

3.13 Headings are for convenience and reference only and shall not be used in the interpretation of this Privacy Policy.

3.14 Words importing any gender include the other genders, the singular includes the plural (and vice versa) and natural persons include artificial or juristic persons (corporate and unincorporated) (and vice versa).

3.15 The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class shall not apply, and whenever the word “including” is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.

4. Collection of your personal information

 

4.1 We process your personal information to provide you with access to our services and/or products and for the purposes detailed in this Privacy Policy. In order to do so, we will collect the following personal information:

• your name and surname;
• your physical and email address;
• your contact details;
• your ID and/or passport number;
• your banking and card details.

4.2 We will use your personal information for the purpose for which it was collected, for example to:

• arrange for the activation of your SIM card(s) as governed by RICA;
• verify your bank account or credit card details and, where authorised, use that information to process payments;
• confirm and verify your identity;
• detect and prevent fraud and/or crime;
• provide you with updated information on rates and amended terms and conditions,
• respond to your requests for information regarding our products, services and pricing information;
• only if you opt in for this Service- marketing and/or offer new or additional services to you and/or provide you with information on products and/or services;

4.3 if required by law, we may disclose information about you 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. Such disclosure may be required to protect you or us from illegal activity or liability or to protect our property or the safety of our employees or others and we may do this without your consent and for any other reason as required from time to time.

5. Personal Information

 

5.1 By choosing to provide us with your personal information you expressly consent to its use in accordance with the principles outlined in this Privacy Policy. If you wish for us to stop processing your personal information, you must expressly inform us. If we cannot process your personal information, we may be unable to provide certain services and/or products to you;

5.2 We shall fully comply with the statutory obligations contained in POPI, without limiting the generality of the aforesaid, we shall ensure that the privacy and data protection conditions are strictly adhered to when processing your personal information;

5.3 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners which have access to your personal information are bound by confidentiality obligations in relation to your personal information.

6. Disclosure of your personal information

 

6.1 We are required to process and make available your personal information to third parties should the law require us to or should it be required to be able to fulfil our obligations to you;

6.2 We will under no circumstances sell or commercialise your personal information or your data unless consent is obtained from you via the Sakeng Platform. Whereafter the data will be sold or commercialised in the format agreed to between us;

6.3 Upon consent received from you, we may provide third party service providers and processors access to your personal information. These services providers may include, without limitation: credit card verification providers and banks to process transactions;

6.4 Should a Sakeng Partner consent to the sale and commercialisation of its data, the Sakeng Partner will be compensated for the sharing of information as set out on the Sakeng Platform;

6.5 Should you consent to the sale and commercialisation of your data, you will be compensated for the sharing of information as set out on the Sakeng Platform;

6.6 We will take all reasonable steps to protect you, our Sakeng Partners and our Sakeng Distributors and put mechanisms in place for secure data transmissions but we do not accept liability for your personal information or data if it is obtained via computer hacking or in any other fraudulent or malicious way whatsoever. However, if we are aware of any breach, we will notify you within 24 (twenty-four) hours of any breach of security that may have occurred. Use of the Sakeng Network is at your own risk;

6.7 We may also disclose your personal information as required by law or with any legal process, for example, we will disclose personal information to governmental bodies who have authority to obtain it, in order to comply with a warrant or subpoena issued by a Court of competent jurisdiction, or where we believe that it is necessary to comply with record production requirements.

7. How your personal information is stored

 

7.1 When Personal Information is obtained and processed by us, such personal information is entered into a record;

7.2 We use standard industry practices to safeguard the confidentiality of your personal information. We treat this data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access by users inside and outside the Sakeng Platform. We store our electronic and paper documents at our head office in Johannesburg, South Africa or at other secure site/s;

7.3 We will keep back-ups of your personal information and data if you consent to the collection and storage of such data.