Privacy Policy

Palmetrics (Pty) Ltd. (reg: 2019/467274/07) (“Palmetrics”) adheres to the highest standards of protecting your personal information when you use https://www.palmetrics.co.za or any of its related blogs, websites, applications or platforms (collectively, “the Website”) or any Palmetrics services (“Services”). As such, we have created this specific and detailed Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your privacy (“Policy”).

• Please note that Palmetrics is a private limited liability company duly registered and operating in accordance with the laws of the Republic of South Africa.
• For more information regarding your personal information lawfully stored or used by the Website or Palmetrics, please contact info@palmetrics.co.za.
• This Policy was last updated on 7 April 2020.
• Not all terms are necessarily defined in order.
• This Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.

1. Introduction and Our Role

1.1. In some circumstances, Palmetrics is the “responsible party” (as defined in POPI) and is responsible for your personal information (collectively referred to as “we”, “us” or “our” in this Policy) in instances where we decide the processing operations concerning your personal information.

1.2. Sometimes we also operate as an “operator” (as defined in POPI) of personal information on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. The terms "user", “you", “data subject” and “your” are used interchangeably in this Policy and refer to all persons accessing the Website or engaging with Palmetrics for any reason whatsoever.

1.3. We have appointed a data representative at Palmetrics who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.

1.4. Our full details are:

• Full name of legal entity: Palmetrics (Pty) Ltd.
• Name or title of data representative: Juan-Claude Humphreys
• Email address: jc@palmetrics.co.za
• Postal address: 9A Antrim Road, B5 Westward Ho, Green Point, Cape Town, 8005
• Telephone number: 082 527 9517

1.5. You have the right to make a complaint at any time to the South African data regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.

1.6. The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

2. Personal Information We Collect From You

2.1. Should you decide to register with or function as a user on the Website and/or use any Palmetrics Services, you thereby expressly consent to, and opt-in to, Palmetrics collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):

2.1.1. Information provided by the user or from a user’s other authorised responsible party:
Palmetrics processes personal information (that is, information about the user that is personally identifiable like the user’s name, address, platform or merchant ID or name details, age, gender, ID number, portrait photograph, email address, company name, company registration number, main industry sector, contact details, phone number(s), and other unique information such as user IDs and passwords, service preferences, and contact preferences that are not otherwise publicly available) which Palmetrics either processes as its own responsible party, or which is received from another responsible party to whom you have provided your personal information with your permission to be shared with Palmetrics as the operator.

2.1.2. Information that is collected automatically:
Palmetrics receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes data from cookies (as described in clause 9 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website, such as your browser type and language, access times, and the address from which you arrived at the Website.

2.2. Should your personal information change, please update it yourself by logging into your account and going to your settings page: https://app.palmetrics.co.za/settings, or provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Palmetrics will, however, not be able to update any personal information of yours attained from another responsible party. Should you want to update that information, you must approach the relevant responsible party directly. Palmetrics is under no obligation to ensure that your personal information or other information supplied by you is correct.

2.3. We do not process the personal information of children when a data subject user is below the age of 18 (eighteen). Do not provide us with any such information, as doing so will be considered a material breach of these Terms.

2.4. You warrant that the personal information disclosed to Palmetrics is directly from you as the user on the Website or in connection to the Services, and that all such personal information is lawfully yours to provide. You also warrant that any personal information provided to us from a third-party responsible party was obtained from you lawfully and provided to us with your express consent to that responsible party.

2.5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and generally not to impersonate or misrepresent any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.

When Do We Collect Your Personal Information

We will process your personal information in the following circumstances:

• 3.1. When you contract with us for products and/or Services from us online or over the phone.
• 3.2. When you access our Website or use any of our mobile apps. Our Website also uses cookies; to find out more about the use of cookies and how you can manage them, please read our Cookie provision below.
• 3.3. When you register for our newsletter or request a quote.
• 3.4. When you have been in contact with one of our sales representatives or account managers during presentations, trade shows, exhibitions, conferences, or roadshows.
• 3.5. When you contact us or we contact you to take part in surveys.
• 3.6. When you contact our customer service team—live at tradeshows and events, online, or over the phone.
• 3.7. When you engage with us on social media (by mentioning/tagging us or by contacting us directly).

4. How We Use Your Personal Information

4.1. Any processing of your personal information will be reserved solely for our legitimate business purposes and as a necessary function of your engagement with the Website and/or our Services. You have expressly consented to this by using our Website and/or Services. We will not, without your express consent:

4.1.1. Use your personal information for any purpose other than as set out below:

• 4.1.1.1. In relation to the provision to you of the Services and/or access to the Website.
• 4.1.1.2. To fulfil orders for products and Services.
• 4.1.1.3. For internal record keeping of responsible third parties and the development of metrics of third-party searches.
• 4.1.1.4. To access your relevant chosen e-commerce account(s) to source the data needed for Palmetrics to conduct its Services.
• 4.1.1.5. To contact you regarding current or new Services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, which is possible through that same correspondence).
• 4.1.1.6. To inform you of new features, special offers, and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, which is possible through that same correspondence).
• 4.1.1.7. To improve our product selection and your experience on our Website by, for example, monitoring your browsing habits or tracking your activities on the Website.

4.1.2. Disclose your personal information to any third party other than as set out below:

• 4.1.2.1. To our employees and/or third-party service providers who assist us to interact with you via our Website, email, or any other method, and who require your personal information to communicate with you properly and efficiently.
• 4.1.2.2. To external responsible parties who already have your express consent to process and/or attain such personal information from and/or with us.
• 4.1.2.3. To our professional services providers (such as insurers or legal advisors) where required under our contractual obligations.
• 4.1.2.4. To law enforcement, government officials, fraud detection agencies, or other third parties when we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, support the investigation of suspected illegal activity, or investigate violations of this Policy or other Website policies.
• 4.1.2.5. To our contracted service providers who assist with parts of our operations (such as fraud prevention, marketing, or technology services). These providers may only use your information to perform services for us, under strict confidentiality and data protection terms.

4.2. We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, subpoena, court order, or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Palmetrics is entitled to disclose relevant personal information for criminal investigation purposes or to meet other legal obligations.

5. Our Legal Justifications for Processing Your Personal Information

5.1. Your use of the Website and/or any of our Services constitutes your explicit opt-in consent to our processing of your personal information. Further, we also rely on our contractual arrangements with you as the lawful basis on which we collect and process your personal information when you make an order for products and Services.

Alternatively, in some cases, we rely on our legitimate interests as a business (for example, to measure customer satisfaction and troubleshoot customer issues). Where we rely on our legitimate interests, we will always make sure that we balance these interests against your rights.

5.2. Subject to the other provisions in this Policy, the following constitutes our reasons for processing your personal information:

5.2.1. To make our products and Services available to you:

• 5.2.1.1. We use your personal information to provide you with information, products and Services that you request or purchase from us (i.e. to complete certain tasks, processes or orders on our Website or within our apps, take payment online where applicable, deliver your products or Services, and communicate with you about those products and Services).
• 5.2.1.2. We may also use your personal information to measure how satisfied our customers are and to provide customer service (including troubleshooting in connection with purchases or your requests for Services or when you ask us questions on social media).

5.2.2. For administrative and internal business purposes:

• 5.2.2.1. We may use your personal information for internal business purposes, such as administrative fulfilment of orders, invoicing, project management, and internal reporting. We may also monitor Website usage to ensure it's presented effectively for your device, and to set default options for you.
• 5.2.2.2. It is in our legitimate interests to ensure our Website is user-friendly, our products and Services are high quality, and our interactions with you are simple and efficient.

5.2.3. For security and legal reasons:

• 5.2.3.1. We use your personal information to:
  • 5.2.3.1.1. Ensure the personal and financial information you provide is accurate;
  • 5.2.3.1.2. Conduct fraud checks or prevent other illegal activity;
  • 5.2.3.1.3. Protect our rights or property (or those of others);
  • 5.2.3.1.4. Fulfil legal and compliance-related obligations.
• 5.2.3.2. In some cases, we are legally required to disclose information (e.g. to law enforcement). In others, we rely on our legitimate interests (e.g. fraud detection), and always balance these interests against your rights.

5.2.4. In relation to your Palmetrics customer relationship:

• 5.2.4.1. We use your personal information to personalise your experience, including:
  • 5.2.4.1.1. Sending marketing via SMS, post, telephone, and email (if you’ve consented);
  • 5.2.4.1.2. Analysing registration details, account activity, and history to personalise your browsing experience;
  • 5.2.4.1.3. Using segmentation to determine which offers may interest you.
• 5.2.4.2. We rely on your consent for direct marketing (SMS, email, post), and on legitimate interests (e.g. to assess marketing effectiveness), always balancing this with your rights.

6. Original and Updated Purposes for Processing

6.1. We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

7. International Transfer of Personal Information

7.1. We may share your personal information within the Palmetrics group of companies, and this may involve transferring and processing your data outside of South Africa.

7.2. Whenever we transfer your personal information out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• 7.2.1. We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.
• 7.2.2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe under the GDPR.
• 7.2.3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal information shared between Europe and the US.

8. How We Treat Your Personal Information

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

8.2. We will:

• 8.2.1. Treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Policy.
• 8.2.2. Take appropriate technical, security, and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.
• 8.2.3. Provide you with reasonable access to your personal information to view and/or update personal details.
• 8.2.4. Promptly notify you if we become aware of any unauthorised use, disclosure, or processing of your personal information.
• 8.2.5. Provide you with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request.
• 8.2.6. Upon your request, promptly correct, transfer, return or destroy any and all of your personal information in our possession or control, save for 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 we are required by law to do so, or you consent to us retaining such information for a longer period.
In some cases, national laws may require us to retain data beyond a deletion request or after your engagement with Palmetrics ends. We may therefore retain personal information in line with those legal obligations, even if you request deletion or amendment.

8.4. While we take all reasonable measures to protect your privacy rights, we cannot guarantee or accept liability for unauthorised or unlawful disclosures of your personal information by third parties outside of our control — unless caused by our gross negligence or fraud.

8.5. If you disclose your personal information to a third party (e.g., an external website linked to ours or another party not affiliated with Palmetrics), we are not liable for any loss or damage you may suffer. This includes another user or business entity.
We do not govern how third parties use your information and recommend reviewing their privacy policies before providing personal information.

9. Cookies Provision

9.1. The Website may make use of “cookies” to automatically collect information and data through the standard operation of Internet servers.
“Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website, and allow a website to track usage behaviour. Cookies also help compile aggregate data to improve website functionality and content, and to display more focused advertising to users via third-party tools. The type of information collected by cookies is not used to personally identify you.

9.2. If you do not want information collected through the use of cookies, most browsers provide a simple procedure to deny or accept cookie functionality.
Please note that cookies may be necessary to provide you with certain features available on our Website. If you disable cookies, some features may not function properly, and your access to parts of the Website may be limited.
If you do not disable cookies, you are deemed to consent to our use of any personal information collected via cookies, subject to this Policy and the Website’s other policies.

10. User Rights and Obligations

10.1. The user is entitled to request access to any relevant personal information held by Palmetrics, where such access is necessary to exercise and/or protect any of the user’s rights.
For personal information held by any third-party responsible party, the user must approach that responsible party directly to exercise personal information rights.

10.2. Under POPI, you have rights in relation to your personal information. Please contact us to learn more about or to exercise these rights:

• 10.2.1. Have your data processed in a fair, lawful, and transparent way.
• 10.2.2. Be informed about how your personal information is being used — for example, via this Privacy Policy.
• 10.2.3. Access personal information we hold about you.
• 10.2.4. Require us to correct any mistakes in your personal information.
• 10.2.5. Require us to delete personal information concerning you in situations where there is no good reason for continued processing.
• 10.2.6. Request that we transfer your personal information to you or another service provider in a simple, structured format.
• 10.2.7. Object at any time to the processing of your personal information for direct marketing purposes.
• 10.2.8. Object to automated decision-making that produces legal effects or similarly significantly affects you.
• 10.2.9. Object in certain other situations to the continued processing of your personal information.
• 10.2.10. Restrict or temporarily stop our processing of your personal information in specific circumstances.

10.3. You will not have to pay a fee to access your personal information (or to exercise any of your other rights). However, we may charge a reasonable fee if a request is clearly unfounded, repetitive, or excessive. We may also refuse to comply under such circumstances.

10.4. We may request specific information from you to confirm your identity and verify your right to access your personal information. This is a security measure to prevent unauthorised access. We may also contact you for further information to help expedite our response.

10.5. We aim to respond to all legitimate requests within one week. If your request is particularly complex or involves multiple requests, it may take longer. In such cases, we will notify you and keep you informed of progress.

10.6. Users who are citizens of countries outside South Africa should note that Palmetrics complies with all applicable South African data protection laws.
If foreign laws apply to your use of the Services or Website, including data processing, please contact info@palmetrics.co.za to discuss the application of such laws and your rights.

10.7. Users acknowledge that any content they provide on the Website, including via messaging systems, enters a public forum and is not confidential. The author is solely responsible for such content, not Palmetrics.

10.8. Users understand that sharing personal information (such as name or email) carries risks. By disclosing such information, you acknowledge it may be collected and used by third parties to contact you.

10.9. By accepting this Policy, you consent to receiving emails from Palmetrics. Your email may be used to contact you periodically and to confirm your identity for security purposes.

10.10. You have the right to opt out of email communication at any time by following the unsubscribe instructions in the email or by emailing info@palmetrics.co.za with your request.

11. Palmetrics’ Rights Relating to Personal Information

11.1. Palmetrics will disclose the user’s personally identifiable information if it reasonably believes that such disclosure is required by law, regulation, or other government authority, or to protect the rights and property of Palmetrics, its affiliates, or the public.
Palmetrics may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority as part of that cooperation.

11.2. Circumstances may arise where, for strategic or other business reasons, Palmetrics decides to sell, buy, merge, or otherwise reorganise its business.
Such transactions may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of such information from sellers.
Palmetrics will seek reasonable protection for personal information during these types of transactions and will notify you prior to any disclosure. Any disclosure will also be subject to this Privacy Policy.

11.3. Palmetrics strives to keep users’ personal information accurate.
Users are provided with a reasonable opportunity to review, correct, anonymise, block, transfer, or delete their personal information as applicable.
Please contact info@palmetrics.co.za to request any of these actions.

11.4. We also collect, use, and share aggregated or de-identified data (such as statistical or demographic data) for any purpose.
De-identified or aggregated data may be derived from your personal information, but it is not considered personal information under the law if it does not directly or indirectly reveal your identity.
For example, we may aggregate usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine this data with information that can identify you, we treat it as personal information in accordance with this Privacy Policy.

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