Collection Directly from User

SmartStart shall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:

• where personal information is collected from a public record, or from another source if the information has already been made public by the User;
• where the User has given their written consent to SmartStart to collect their information from another source;
• where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
• where the collection of personal information from another source is necessary to maintain SmartStart’s legitimate interests or those of any third party it intends sharing the information with;
• where the collection of personal information directly from the User would prejudice the purpose for the collection;
• where the collection of personal information directly from the User is not reasonably practicable in the circumstances.

If SmartStart 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.

The User hereby consents to SmartStart 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 the sale of goods or services to the User on this website.

Personal information may be collected from or supplied by the User in any of the following ways:

• during the process of registering as a member on this website or the application;
• provided by the User as part of their profile pages on the website or the application;
• when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on this website or the application;
• when posting a comment, review, reply or recommendation on this website or the application;
• when requesting further services or information from SmartStart;
• when contacting SmartStart to report a problem with the website or the application or for any other reason;
• when completing any forms on the website or the application.

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 SmartStart is entitled to copy, distribute or otherwise use such information without limitation.

Cookies

“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 include a User’s username, the date and time of their visits to the website, their browsing history and preferences.

SmartStart may use Cookies on this website to:

• distinguish one User from another on the website;
• remember the User’s last session when they return to the website;
• estimate the website’s audience size and usage patterns;
• store information about the User’s preferences, which allows SmartStart to customise the website and content according to the User’s individual preferences; and
• speed up searches on the website.

The provisions of this clause are only applicable to Cookies used by SmartStart. In some instances, third-party service providers may use Cookies on the website. SmartStart cannot and does not control or access Cookies used by third-party service providers and takes no responsibility therefor.

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.

General Conditions for Processing Personal Information

• SmartStart shall comply with all laws, contracts or regulations when it processes a User’s personal information.
• SmartStart shall not act unreasonably 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.
• SmartStart 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.
• Similarly, if SmartStart 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.
• SmartStart 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.
• If there are any alternative ways to achieve the identified purpose/s without processing personal information, SmartStart shall not process that personal information.
• SmartStart 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.
• SmartStart 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.
• Once SmartStart has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or SmartStart is required by law to retain the information for a longer period of time.
• If SmartStart no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.

DISCLOSURE AND SHARING OF PERSONAL INFORMATION

SmartStart may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any sale or other transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of SmartStart.

The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared.

SmartStart may also share aggregated information about Users of this website and their usage patterns. SmartStart may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.

Other than as stated in clause 9.1 and 9.3, SmartStart shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.

USER’S RIGHTS IN RELATION TO THE PROCESSING OF THEIR PERSONAL INFORMATION

Users shall have the following rights in relation to the processing of their personal information:

• to access and correct any personal information held by SmartStart about them;
• to object to the processing of their information; and
• to lodge a complaint with the Information Regulator.

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 SmartStart’s PROATIA manual.

FURTHER PROCESSING

SmartStart shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:

• where the User has consented to such further processing;
• where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between SmartStart and the User;
• where the further processing activities are linked to or compatible with the original purpose;
• where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
• where the further processing is necessary to enforce any law;
• where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
• 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;
• where the further processing is necessary for historical, statistical or research purposes.

SmartStart 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.

ACCURACY, CORRECTNESS AND COMPLETENESS OF PERSONAL INFORMATION

SmartStart 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.

However, if a User is aware of any personal information in SmartStart’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to SmartStart’s information officer at hello@smartstart.org.za to update or correct the relevant information.

If a User has contested the accuracy of any personal information being used by SmartStart, it shall immediately stop using that information until its accuracy has been verified.

SmartStart 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.

Where personal information that has been shared by SmartStart with a third party is subsequently updated or corrected, SmartStart shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.

SECURITY SAFEGUARDS

SmartStart 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.

SmartStart 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.

SmartStart shall ensure that in any contracts entered into with third party operators who process personal information on SmartStart’s behalf, include the following obligations:

• the operator shall not process any personal information without SmartStart’s knowledge and authority;
• the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
• 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 SmartStart;
• the operator shall notify SmartStart immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
• if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
• if an operator is legally obliged to disclose any personal information processed by them on SmartStart’s behalf to other parties, it must notify SmartStart beforehand to enable SmartStart and/or individual Users to protect their rights if necessary.

Users must maintain the secrecy of any passwords used to gain access to this website and should change such passwords regularly.

SmartStart 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.

NOTIFICATION OF BREACH OF SECURITY

If personal information about a User is inadvertently leaked or SmartStart' security has been unlawfully breached by any unauthorised party, SmartStart shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.

SmartStart 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.

Decisions based on personal information processed

If SmartStart 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.

SmartStart shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.

SmartStart 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.

If SmartStart has made a decision based on incorrect personal information, it shall immediately revisit that decision as soon as it receives notice or becomes aware of the error or inaccuracy of that information.

Linked third party websites

This website may contain links or references to other websites, including those of advertisers (“third party websites”) which are not under SmartStart’ control.

The provisions of this Privacy Policy are not applicable to third party websites and SmartStart shall not be responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.

DIRECT MARKETING

The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s, or electronic mail.

Where a User is a pre-existing customer of SmartStart, SmartStart shall be entitled, without the User’s consent, to sending electronic communications to the User for the purpose of marketing similar products or services offered by SmartStart.

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 SmartStart.

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 SmartStart at hello@smartstart.org.za.

CHILDREN’S PERSONAL INFORMATION

SmartStart shall not process any personal information relating to a person under the age of 18 years unless 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 SmartStart processing such information according to the further provisions of this Privacy Policy.

CROSS BORDER TRANSFERS OF PERSONAL INFORMATION

SmartStart may transfer personal information to another country in the following circumstances:

• the transfer is necessary for the performance of a contract that SmartStart has with the User;
• 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;
• the transfer is otherwise for the benefit of the User; or
• the User has consented to the transfer of their information.

If SmartStart is required to transfer personal information from South Africa to a third party in a foreign country, 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.

RETENTION OF INFORMATION

SmartStart 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:

• it is required by law to keep a record of such information for a longer period of time;
• it needs to keep a record of such information for another lawful purpose;
• it has a contractual obligation to keep a record of such information; or
• the User has consented to their information being kept for a longer period.

SmartStart may, if it has de-identified personal information, keep such information for historical, statistical or research purposes. SmartStart 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.

RETURNING, DESTROYING OR DELETING PERSONAL INFORMATION

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

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

CONSENT

The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Policy.

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:

• the types of personal information to be processed;
• the specific processing activities to be undertaken;
• the specific purpose/s for such processing; and
• the possible consequences for the User that may arise from such processing.

Should a User wish to withdraw any consent previously given by the User, they must notify SmartStart’ information officer in writing.

LODGING AN OBJECTION

A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.

If a User wishes to object to the processing of their personal information, they must send written notice of their objection to SmartStart’ information officer, together with their reasons for doing so.

Choice of Law

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

AMENDMENT OF THIS PRIVACY POLICY

SmartStart 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.

It is the User’s obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.

The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered acceptance of the User’s acceptance to abide by and be bound by this Privacy Policy, as amended.

CONTACT

For more information on your rights to privacy over your information, or the information processing activities of SmartStart, please do not hesitate to contact us directly on hello@smartstart.org.za.

Date of last update: 20 May 2024