BluWave Software Privacy Policy

Our Organisation is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles.

In terms of section 18 of the POPIA Act we need to make our Data Subjects aware of certain information and rights in terms of the POPIA Act. The POPIA Act does not describe how we are to notify you, but the international standard is to do it with a Privacy Notification.

This Privacy Notification lets you know what happens to any Personal Information that you give to us, or any that we may collect from or about you. This privacy notice applies to Personal Information processed by or on behalf of the Organisation where we act as Responsible Party.

Collection of Personal Information

Personal Information is collected either by voluntarily action, automatic process or via third party processors.

Voluntarily: We have access to/collect personal information that you voluntarily give us via email or other direct contact from you. Typically, we may collect, use and store the following categories of personal information about you: (but not limited to) -

1. Identifying particulars – for example names, company registration numbers, etc. for accounting, service delivery and payment purposes
2. Contact information – for example addresses, telephone numbers, e-mail address, etc
3. Personal Information you choose to provide to us
4. Personal Information when you contact us directly
5. Personal Information you provide through our websites

Automatic: We may also have access to / collect personal information that we collect automatically when you visit our website.

Third Parties: We may also collect information about you through our trusted third- party sources to assist us in providing product and service offerings to you.

Purpose for which the information is being collected.

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

6. The processing is necessary to perform a contract with you or take steps to enter into a contract at your request.
7. The processing is necessary for us to comply with a relevant legal obligation.
8. The processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
9. You have consented to the processing.

We may also use your personal information in the following situations:

10. Where we need to protect your interests (or someone else’s interests).
11. Where it is needed in the public interest or for official purposes.
12. We only collect Personal Information for the specific, explicitly defined and lawful purpose of conducting our business.

Direct Marketing

We may use your personal information to periodically send you direct marketing communications about products or our related services that we think may be of interest to you. This may be in the form of email, post, SMS or targeted online advertisements. We limit direct marketing to a reasonable and proportionate level, based on the information we have about you.

Where opt-in consent is required, we will ask for your consent.

You have a right to stop receiving direct marketing at any time - you can do this by following the opt-out or unsubscribe links located in the electronic communications (such as emails) you receive from us, by contacting us, or by emailing us.

Is the supply of the information voluntary or mandatory?

Supplying of certain types of information is mandatory in terms of legislation and regulations. For example, in terms of the Consumer Protection Act, a supplier of goods or services must provide a written record of each transaction to the consumer to whom any goods or services are supplied. In terms of the Basic Conditions of Employment Act we need to process certain Personal Information from our employees.

Any particular law authorising or requiring the collection of the information.

If your Personal Information is collected in terms of a particular law authorising or requiring the collection of the information, we will take steps to ensure that you are aware of that.

Failure to provide the requested information.

This personal information is required to enter into a contract with you (such as in anticipation of a services level agreement) or to perform a contract with you (such as to provide services at your request), and failure to provide any information may result in our inability to provide you the requested services or products.

Transfer the information to a third country.

If your Personal Information is transferred outside the Republic of South Africa to third party service providers, we will take steps to ensure that your Personal Information receives the same level of protection as if it remained within the Republic.

Recipient or category of recipients of the information

Your Personal Information will be treated as prescribed by the 8 Conditions for the Lawful Processing of Personal Information in the POPIA Act. We may share your Personal Information with:

13. Partners & Affiliated Companies - Any partner or affiliated company.
14. Service Providers - We may disclose the information we collect from you to third party contractors, technology and other service providers or agents who perform functions on our behalf, or are engaged with us. These service providers are allowed to access and use the information we make available to them only as needed to perform their functions and for no other purposes, subject to appropriate contractual restrictions and security measures.
15. In Response to Legal Process - We may disclose the information we collect from you in order to comply with the law, a legal proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
16. Third Parties –
    1. third parties used to facilitate payment transactions, for example clearing houses, clearing systems, financial institutions, and transaction beneficiaries.
    2. third parties where you have a relationship with that third party, and you have consented to us sending information (for example social media sites or other third-party application providers);
    3. third parties for marketing purposes (e.g., our partners and other third parties with whom we work and whose products or services we think will interest you in the operation of your business activities. For example, financial services organisations (such as banks, insurers, finance providers), payment solutions providers, software and services providers that provide business solutions);
17. To Protect Us and Others -We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notification, or as evidence in litigation in which we are involved.
18. Government - Government bodies, regulators and any other third party necessary to meet our legal and regulatory obligations.
19. Professional Advisors - our own professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities.

Your Rights as a Data Subject

As a Data Subject in terms of the POPIA Act, you do have the following rights:

20. Right to be Notified:
    The right to be notified that -
    1. Personal Information about you is being collected – our Section 18 Privacy Notification; and
    2. your Personal Information has been accessed or acquired by an unauthorised person;
21. Right of Access:
    The right to establish whether we hold Personal Information of you and to request access to your Personal Information
22. Right to Correction, Destruction or Deletion:
    The right to request, where necessary, the correction, destruction or deletion of your Personal Information
23. Right to Objection:
    The right to object –
    1. on reasonable grounds relating to your particular situation to the processing of your Personal Information;
    2. to the processing of your Personal Information -at any time for purposes of direct marketing; or for purposes of direct marketing by means of unsolicited electronic communications
24. Right with regards to Automated Processing:
    The right not to be subject, under certain circumstances, to a decision which is based solely on the basis of the automated processing of your Personal Information intended to provide a profile of you.
25. Right to Complain:
    The right to –
    1. submit a complaint to the Regulator regarding the alleged interference with the protection of the Personal Information of any Data Subject or to submit a complaint to the Regulator in respect of a determination of an adjudicator as;
    2. and to institute civil proceedings regarding the alleged interference with the protection of your Personal Information.

Children

We do not knowingly or intentionally collect personally identifiable information from children under 18 years of age

If a child has provided us with such information, a parent or guardian of that child should contact us to request the deletion of the information