TAKEABOT.CO.ZA PRIVACY AND PERSONAL INFORMATION POLICY

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Takeabot (Pty) Ltd. (registration: 2024/024752/07), known as "Takeabot," is committed to upholding the highest standards in safeguarding your personal information while utilizing https://www.takeabot.co.za/ or any associated blogs, websites, applications, or platforms collectively referred to as "the Website" and availing any Takeabot services ("Services"). This detailed Privacy Policy has been crafted to provide you with a clear understanding of how we protect your personal information and respect your privacy («Policy").

  • Takeabot is a privately held limited liability company registered and operating in compliance with the laws of the Republic of South Africa.

  • For inquiries about the lawful storage or use of your personal information by the Website or Takeabot, please reach out to info@takeabot.co.za for assistance.

  • This Policy was last updated on January 26, 2024.

  • Terms may not be defined in order for simplicity.

  • The Policy aligns with and fulfills the obligations stipulated in the South African Protection of Personal Information Act, No. 4 of 2013 ("POPI"), as amended.


1. INTRODUCTION AND OUR ROLE:

  • 1.1. In specific scenarios, Takeabot assumes the role of the "responsible party" (as defined in POPI) and takes accountability for your personal information (referred to collectively as "we," "us," or "our" in this Policy) when determining the processing operations related to your personal information.

  • 1.2. At times, we also function as an "operator" (as defined in POPI) of personal information on behalf of a third-party responsible party, subject to the privacy terms of that responsible party. The terms "user," "you," "data subject," and "your" are used interchangeably in this Policy, encompassing all individuals accessing the Website or interacting with Takeabot for any reason.

  • 1.3. We have designated a data representative at Takeabot, responsible for overseeing inquiries related to this Policy. For any questions about this Policy or requests to exercise your legal rights, please contact the representative using the details provided below.

  • 1.4. Our full details are:

    • 1.4.1. Full name of legal entity: Takeabot (Pty) Ltd.

    • 1.4.2. Name or title of data representative: Kirill Moiseev

    • 1.4.3. Email address: info@takeabot.co.za

    • 1.4.4. Postal address: 2G Bridgeway, Century City, Cape Town, 7441

    • 1.4.5. Telephone number: +27 79 427 53 97

  • 1.5. You retain the right to file a complaint at any time with the South African data regulator s office (Information Regulator s Office of South Africa). However, we prefer the opportunity to address your concerns before involving any such regulator, so kindly reach out to us initially.

  • 1.6. The Website might contain links to third-party websites, plug-ins, and applications. Enabling these connections may allow third parties to collect or share data about you. We lack control over these third-party websites and disclaim responsibility for their privacy statements or terms. We recommend reviewing the distinct privacy policy of every third party you engage with when leaving our Website or interacting with such third parties.


2. PERSONAL INFORMATION COLLECTION:

  • 2.1. If you choose to register or act as a user on the Website and/or utilize any Takeabot Services, you explicitly consent and opt-in to Takeabot's collection, compilation, processing, and utilization of various information types about you, defined as "personal information" when using the Website. This includes:

    • 2.1.1. Information Provided by the User or Authorized Responsible Party:
      Takeabot manages personal information that is personally identifiable, such as your name, address, platform or merchant ID, age, gender, ID number, portrait photograph, email address, company details (name and registration number), main industry sector, contact details, phone number(s), and other unique data like user IDs and passwords, service preferences, and contact preferences. This information is processed either as Takeabot's responsible party or received from another responsible party to whom you've granted permission to share your personal information with Takeabot as the operator.

    • 2.1.2. Automatically Collected Information:
      Takeabot automatically receives and stores information transmitted from your computer while browsing the internet. This includes data from cookies (explained in clause 9 below), your Internet Protocol ("IP") address, browser type, web beacons, geo-location details, embedded web links, and other commonly used information-gathering tools. These tools collect standard information sent by your browser to the Website, such as browser type and language, access times, and the address from which you accessed the Website.

  • 2.2. Updating Personal Information:
    If your personal information undergoes any changes, kindly update it through your account settings at https://takeabot.co.za/users/profile/. Alternatively, promptly provide us with updates to ensure accurate records. Takeabot cannot modify personal information obtained from another responsible party; for such updates, contact the relevant responsible party. It is your responsibility to ensure the correctness of the information you provide.

  • 2.3. Children's Personal Information:
     We do not process the personal information of users under the age of 18. Do not provide such information, as it constitutes a material breach of these Terms.

  • 2.4. Warranties and Additional Information:

    • You affirm that the disclosed personal information is directly from you as the user or related to the Services, and lawfully yours to provide.

    • If provided by a third-party responsible party, you warrant the lawful acquisition and consent to share such information with Takeabot.

  • 2.5. Additional personal information you choose to provide must be accurate and current, and you agree not to impersonate or misrepresent any person or entity.


3. WHEN PERSONAL INFORMATION IS COLLECTED:

  • We process your personal information in the following situations:

    • 3.1. Contracting for products and/or services online or over the phone.

    • 3.2. Accessing the Website or using mobile apps (with cookie usage; refer to Cookie provision below).

    • 3.3. Registering for newsletters or requesting quotes.

    • 3.4. Interacting with sales representatives during presentations, trade shows, etc.

    • 3.5. Participating in surveys.

    • 3.6. Contacting customer service online, over the phone, or at events.

    • 3.7. Engaging with us on social media.


4. HOW YOUR PERSONAL INFORMATION IS USED:

  • 4.1. The processing of your personal information is reserved for legitimate business purposes and as necessary for your engagement with the Website and/or Services. Your consent is expressly granted by using our Website and/or Services.

    • 4.1.1. We will not use your personal information for purposes other than specified below:

      • 4.1.1.1. Provision of Services and/or access to the Website.

      • 4.1.1.2. Fulfilling orders for products and services.

      • 4.1.1.3. Internal record keeping and metrics development.

      • 4.1.1.4. Accessing your chosen e-commerce account/s for required data.

      • 4.1.1.5. Contacting you regarding current or new Services, products, or offers.

      • 4.1.1.6. Informing you of new features, special offers, and promotional competitions.

      • 4.1.1.7. Improving product selection and Website experience through monitoring and tracking.

    • 4.1.2. Your personal information may be disclosed to:

      • 4.1.2.1. Our employees and/or third-party service providers facilitating communication.

      • 4.1.2.2. External responsible parties with your express consent.

      • 4.1.2.3. Professional service providers under contractual obligations.

      • 4.1.2.4. Law enforcement or government officials when necessary.

      • 4.1.2.5. Service providers assisting in business operations under contract.

  • 4.2. Legal Compliance:
    We may use or disclose your personal information to comply with applicable laws, court orders, or legal processes, protecting our rights or property, and in cases of fraudulent online payments for criminal investigations or legal obligations.
    Note: The numbering used corresponds to the sections in the provided content.


5. LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION:

  • 5.1. Your use of the Website and/or Services is considered explicit opt-in consent for processing your personal information. Contractual arrangements with you also serve as a lawful basis for collecting and processing personal information when ordering products and Services. In some instances, legitimate business interests, such as measuring customer satisfaction and addressing customer issues, are relied upon. Striking a balance between these interests and your rights is ensured.

  • 5.2. Processing Reasons:

    • 5.2.1. Making Products and Services Available:

      • 5.2.1.1. Personal information is used to provide requested information, products, and Services, including task completion, online payment (if applicable), and product or Service delivery.

      • 5.2.1.2. Customer satisfaction measurement and customer service, including troubleshooting, are facilitated.

    • 5.2.2. Administrative and Internal Business Purposes:

      • 5.2.2.1. Personal information is employed for internal business operations like order fulfillment, invoice administration, project management, and internal reporting.

      • 5.2.2.1. Data is utilized to monitor Website usage, ensuring effective presentation and setting default options for a customer-friendly and efficient experience.

    • 5.2.3. Security and Legal Compliance:

      • 5.2.3.1. Personal information ensures accuracy of provided personal and financial details, conducts fraud checks, prevents illegal activities, and safeguards rights or property.

      • 5.2.3.2. Compliance with legal obligations is fulfilled, and legitimate business interests guide the use of personal information for security and legal purposes.

    • 5.2.4. Takeabot Customer Relationship:

      • 5.2.4.1. Personal information is utilized to personalize the customer experience:

        • 5.2.4.1.1. Marketing information is provided through SMS, post, telephone, and email based on consent.

        • 5.2.4.1.2. Registration details, account activity, and purchase history analysis enhance browsing relevance.

        • 5.2.4.1.3. Limited automated decision-making (segmentation) tailors offers to customer interests.

      • 5.2.4.2. Consent governs direct marketing messages, and legitimate interests guide communication efficiency while considering customer rights.


6. ORIGINAL AND UPDATED PURPOSES:

  • 6.1. Personal information is used for the original purpose unless reasonably deemed necessary for a compatible reason. If used for an unrelated purpose, notification and explanation, along with the legal basis, are provided. For clarification on compatibility, contact us.


7. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION:

  • 7.1. We may share your personal information within the Takeabot group of companies, involving its transfer and processing outside of South Africa.

  • 7.2. Whenever transferring your personal information internationally, we ensure a comparable level of protection by implementing at least one of the following safeguards:

    • 7.2.1. We only transfer your personal information to countries deemed to provide an adequate level of protection.

    • 7.2.2. When using specific service providers, we employ contracts approved by the European Commission, offering personal information the same protection as in Europe under the GDPR.

    • 7.2.3. In the case of providers based in the US, data may be transferred to them if they are part of the Privacy Shield, requiring them to provide similar protection to personal information shared between Europe and the US.


8. TREATMENT OF YOUR PERSONAL INFORMATION:

  • 8.1. We ensure that all employees, third-party service providers, divisions, and partners (including their employees and third-party service providers) with access to your personal information are bound by appropriate and legally binding confidentiality obligations. They process your personal information at standards equal to or higher than those of Takeabot.

  • 8.2. We commit to:

    • 8.2.1. Treating your personal information as strictly confidential, except where entitled to share it as set out in this Policy.

    • 8.2.2. Implementing appropriate technical, security, and organizational measures to keep your personal information secure, protecting it against unauthorized or unlawful processing, accidental loss, destruction, damage, alteration, disclosure, or access.

    • 8.2.3. Providing you with reasonable access to your personal information to view and/or update personal details.

    • 8.2.4. Promptly notifying you if we become aware of any unauthorized use, disclosure, or processing of your personal information.

    • 8.2.5. Providing reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request.

    • 8.2.6. Upon your request, promptly correcting, transferring, returning, or destroying any and all of your personal information in our possession or control, except 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).

  • 8.3. We will not retain your personal information longer than the period for which it was originally needed, unless required by law or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws may necessitate data retention beyond your request for deletion or beyond your direct engagement with Takeabot. Consequently, we may retain your personal information in adherence to compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.

  • 8.4. While doing all reasonably necessary to protect your privacy rights, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information in our possession made by third parties not subject to our control, unless such disclosure is a result of our gross negligence or fraud.

  • 8.5. If you disclose your personal information to a third party, such as an entity operating a website linked to the Website or anyone other than Takeabot, Takeabot shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party, including another user. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.


9. COOKIES PROVISION:

  • 9.1. The Website may employ "cookies" to automatically gather information and data through the standard operation of Internet servers. "Cookies" are small text files that a website can utilize (and which we may use) to recognize repeat users, facilitate the user s ongoing access to and use of a website, and enable a website to track usage behavior. They compile aggregate data, allowing the website operator to enhance the website's functionality and content and display more focused advertising to users through third-party tools. The information collected by cookies is not used for personal identification.

  • 9.2. If you choose not to have information collected through the use of cookies, most browsers offer a simple procedure to deny or accept the cookie feature. It is important to note that cookies may be necessary to provide certain features on our Website. Thus, disabling cookies on your browser may limit your ability to use those features, and your access to our Website will be restricted. By not disabling cookies, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Policy and the Website's other policies.


10. USER RIGHTS AND OBLIGATIONS:

  • 10.1. Users are entitled to request access to any relevant personal information held by Takeabot, where such access is necessary for users to exercise and/or protect any of their rights. For personal information held by any third-party responsible party, users must approach that responsible party to realize their personal information rights, not Takeabot.

  • 10.2. Under POPI, users have rights regarding their personal information. To learn more about or manifest these rights, users can contact us. These rights include:

    • 10.2.1. Having your data processed in a fair, lawful, and transparent way.

    • 10.2.2. Being informed about how your personal information is being used.

    • 10.2.3. Accessing personal information held about you.

    • 10.2.4. Requiring correction of any mistakes in your personal information.

    • 10.2.5. Requesting deletion of personal information concerning you in certain situations where there is no good reason for continued processing.

    • 10.2.6. Requesting the transfer of your personal information to you or another service provider in a simple, structured format.

    • 10.2.7. Objecting at any time to processing of your personal information for direct marketing purposes.

    • 10.2.8. Objecting to automated decision-making that produces legal effects concerning you or similarly significantly affects you.

    • 10.2.9. Objecting in certain other situations to our continued processing of your personal information.

    • 10.2.10. Otherwise restricting or temporarily stopping our processing of your personal information in certain circumstances.

  • 10.3. Access to personal information is generally free, but a reasonable fee may be charged for unfounded, repetitive, or excessive requests. Alternatively, we may refuse to comply with requests in these circumstances.

  • 10.4. Specific information may be requested to help confirm your identity and ensure your right to access personal information (or exercise other rights). This is a security measure to prevent disclosure of personal information to unauthorized persons. Further information may be requested to expedite the response.

  • 10.5. We aim to respond to all legitimate requests within one week. However, complex requests or multiple inquiries may require additional time. In such cases, we will notify you and provide updates.

  • 10.6. For users from jurisdictions other than South Africa, note that Takeabot complies with all South African data protection laws when processing personal information pursuant to the Services. If foreign law applies to your use of the Services and/or the Website, including how personal information is processed, please contact Takeabot at info@takeabot.co.za for engagement on its application and your rights.

  • 10.7. Users acknowledge that any content provided on the Website, including via a messaging system, enters an open, public forum and is not confidential. Authors are liable for the content, not Takeabot.

  • 10.8. Users understand the risks involved in sharing personal information.

  • 10.9. By disclosing personal information 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 them.

  • 10.10. Email Communication Opt-in:
    By accepting this Policy, you have chosen to receive emails from Takeabot. Your email address will be utilized to contact you periodically and may also be used for security purposes to confirm your identity. You retain the right to opt-out of receiving email communication. Follow the instructions provided in every email or email info@takeabot.co.za, expressing your desire not to be contacted henceforth.


11. TAKEABOT’S RIGHTS REGARDING PERSONAL INFORMATION:

  • 11.1. Takeabot will disclose your personally identifiable information if reasonably required by law, regulation, or other government authority, or to protect the rights and property of Takeabot, its affiliates, or the public. Cooperation with law enforcement in official investigations may involve disclosing your personally identifiable information to the relevant agency or authority.

  • 11.2. Under certain circumstances, such as strategic or business reasons, Takeabot may decide to sell, buy, merge, or reorganize its business. In such transactions, the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers, may occur. Takeabot endeavors to seek reasonable protection for information in these transactions and will notify you before any disclosure of personal information. Such disclosure remains subject to this Policy.

  • 11.3. Takeabot strives to maintain accurate records of your personal information. You have the reasonable ability to review, correct, or request actions such as anonymization, blockage, transfer, or deletion. Contact info@takeabot.co.za to engage Takeabot on these matters.

  • 11.4. Aggregated or de-identified data, such as statistical or demographic data, may be collected, used, and shared for various purposes. This data, derived from your personal information, does not directly or indirectly reveal your identity. For instance, usage data may be aggregated to calculate the percentage of users accessing a specific Website feature. However, if aggregated data is combined with your personal information to directly or indirectly identify you, the combined data is treated as personal information and used in accordance with this Privacy Policy.