Website Privacy Policy

1Who we are

Smartz Solutions RSA (Pty) Ltd, registration number 2006/003794/07, trading as Smartz Solutions ("Smartz", "we", "us" or "our"), respects privacy and is committed to processing personal information lawfully, reasonably and transparently in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable South African law.

This policy applies to www.smartz-solutions.com and other Smartz-managed websites, learning pages, campaign pages or digital properties on which this policy is displayed or linked.

2What personal information we collect

Please avoid including unnecessary special personal information, financial-account credentials, passwords or other highly sensitive information in free-text website fields.

3Why we process personal information

Depending on the context, Smartz may process personal information because the data subject has consented, because processing is necessary to perform or prepare for a contract, because Smartz must comply with law, because processing protects a legitimate interest of the data subject, or because it is necessary for the legitimate interests of Smartz or a third party, subject to POPIA.

• Respond to enquiries, demo requests, downloads and contact requests.
• Provide, administer and support Smartz websites, digital services and Smartz Academy experiences.
• Manage customer, reseller, partner and supplier relationships and related commercial activities.
• Provide relevant product, service, event and training communications in accordance with applicable direct-marketing rules and communication preferences.
• Operate, secure, troubleshoot, analyse and improve websites, services, content and user experience.
• Detect fraud, misuse, security threats or technical problems and protect Smartz, users and third parties.
• Comply with legal, tax, audit, regulatory and governance requirements and establish, exercise or defend legal rights.
• Conduct aggregated or de-identified analysis, research and reporting where the information no longer identifies a data subject.

4Website forms and lead generation

When you submit a form, request a demo, download content, register for an event or contact Smartz, we use the information you provide to respond to the request and administer the related interaction. Where a form includes an optional marketing choice, the choice will be recorded and respected. Smartz may also keep a record of the interaction for customer relationship management, security, audit and legitimate business purposes.

5Direct marketing and communication preferences

Smartz will conduct electronic direct marketing in accordance with POPIA, including section 69, and applicable consumer-protection requirements. Where prior consent is required, Smartz will seek it in a lawful and reasonably accessible manner. Existing-customer communications will only be used where the legal requirements for that route are met.

• Every marketing communication should provide a practical way to opt out or update preferences.
• Opt-out requests will be recorded and honoured, subject to communications that Smartz must continue sending for contractual, security, operational or legal reasons.
• Where a pre-emptive block, opt-out registry or similar legal requirement applies, Smartz will take reasonable steps to comply before initiating covered direct marketing.
• Withdrawing marketing consent does not affect processing that is lawful on another ground or processing already carried out lawfully.

6Cookies and similar technologies

Smartz websites may use cookies and similar technologies for essential functionality, security, preference management, analytics and, where applicable, marketing. Some technologies are necessary for the site to function; others may be optional and subject to the choices presented through the site’s cookie or preference tools.

Browser settings can also be used to block or delete cookies, but doing so may affect site functionality. The cookie banner or preference centre, where deployed, is the most direct way to manage optional website technologies.

7When we share personal information

Smartz does not sell personal information. We may disclose personal information only where reasonably necessary and lawful, including to:

• Cloud, hosting, analytics, CRM, marketing, communications, learning-platform, cybersecurity, support and other service providers that process information for Smartz under appropriate obligations.
• Resellers, partners, customers or group companies where this is necessary for the requested interaction, service or relationship and the disclosure is lawful.
• Banks, auditors, insurers, accountants, lawyers and other professional advisers.
• Regulators, courts, law-enforcement agencies, tax authorities or public bodies when required or permitted by law.
• A purchaser, investor or adviser in connection with a genuine corporate transaction, subject to appropriate confidentiality and legal safeguards.
• Any other recipient authorised by the data subject or permitted by applicable law.

8Cross-border processing

Smartz uses cloud and software-as-a-service technologies and may work with group entities and service providers outside South Africa. Personal information may therefore be transferred to, stored in or accessed from other countries. Smartz will only make cross-border transfers where the requirements of section 72 of POPIA are satisfied, including through applicable law, binding agreements, consent where appropriate, or another lawful transfer mechanism.

9Security

Smartz applies appropriate and reasonable technical and organisational measures designed to protect personal information against loss, damage, unauthorised destruction, unlawful access or unlawful processing. Measures are risk-based and may include encryption, access controls, multi-factor authentication for privileged access, logging and monitoring, secure development and change management, backups, supplier controls and personnel security awareness.

No internet service is completely risk-free. Users are responsible for keeping account credentials confidential and for using secure devices and networks when accessing Smartz services.

10Retention

Smartz retains personal information only for as long as reasonably necessary for the purpose for which it was collected or subsequently lawfully processed, or for a longer period where retention is required or authorised by law, reasonably required for lawful business purposes, required by a contract, or consented to by the data subject. When information is no longer required, Smartz will delete, destroy, de-identify or restrict it as appropriate and lawful.

11Your rights

Subject to POPIA and other applicable law, a data subject may have the right to:

• Ask whether Smartz holds personal information about them and request access to it.
• Request correction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, unlawfully obtained or no longer authorised to be retained.
• Object, on reasonable grounds, to certain processing where POPIA provides that right.
• Withdraw consent where processing is based on consent, without affecting prior lawful processing.
• Object to or opt out of direct marketing as provided by law.
• Ask for information about the identity of third parties who have had access to their personal information where POPIA provides that right.
• Lodge a complaint with Smartz and, if not resolved, with the Information Regulator.

Rights are not absolute. Smartz may need to verify identity before acting on a request and may refuse or limit a request where permitted or required by law.

12Children and special personal information

Smartz public websites are primarily directed at business users and are not intended to solicit personal information from children. Smartz will process a child’s personal information or special personal information only where POPIA permits it and where appropriate safeguards and authorisations are in place.

13Customer-controlled platform data

Smartz products may process personal information supplied by or generated for a customer, reseller or end customer. In those circumstances, the relevant customer or other party may be the responsible party and Smartz may act as an operator under written instructions and contractual data-protection terms. Requests relating to that customer-controlled data should ordinarily be directed first to the responsible party, unless Smartz is required by law or contract to handle the request directly.

14Third-party websites and services

Smartz websites may link to external websites or services. Smartz does not control their privacy practices. Users should review the privacy notices of third parties before submitting personal information to them.

15Security compromises

If Smartz has reasonable grounds to believe that personal information for which it is the responsible party has been accessed or acquired by an unauthorised person, Smartz will investigate and take the notification and remedial steps required by POPIA. Where Smartz acts as an operator, it will notify the responsible party in accordance with section 21 of POPIA and the applicable contract.

16Complaints and contact

Privacy enquiries, objections, correction/deletion requests and complaints may be sent to info@smartz-solutions.com for the attention of the Information Officer. Please provide enough information to identify yourself and the matter, but do not include unnecessary sensitive information.

Information Regulator (South Africa)

17Changes to this policy

Smartz may update this policy to reflect changes in law, technology, services or processing activities. The current version will be published on the applicable Smartz website and the effective date will be updated. Material changes may also be communicated through other reasonable channels where appropriate.

Prepared with reference to POPIA (Act 4 of 2013, incl. ss 11, 13–14, 18, 19–22, 23–25, 26–35, 69 and 72) and its Regulations; PAIA (Act 2 of 2000); the Electronic Communications and Transactions Act 25 of 2002; and the Consumer Protection Act 68 of 2008, each as amended. See also the Access & Disclaimer and PAIA Manual.