Protection of Personal Information Act Privacy Notice
- Adworth is a South African marketing and advertising agency. Its mission is “help entrepreneurs develop and reach their business goals”. Adworth creates, markets, and distributes a wide range of business strategies, ads and various other types of digital services to both the private and public sectors of the market. In this notice, reference to Adworth refers to the holding company and its South African subsidiaries
- Adworth is supported by the following shared services: Distribution, Outsourced products and their Development, IT and services rendered.
- As part of managing the business and creating value for its various stakeholders, Adworth is required, in certain instances, to process personal information. Accordingly, Adworth is required to protect the personal information as set out in the Protection of Personal Information Act 4 of 2013, including its Regulations (POPI Act).
- This notice constitutes Adworth’s policy statement to declare its commitment to comply with the POPI Act. Accordingly, it provides insights on how Adworth processes personal information of users as set out in the POPI Act.
- Adworth shall ensure that personal information is processed within the parameters of the law.
- This notice must be read in conjunction with the POPI Act and its Regulations, where applicable.
The objective of this notice is to give effect to the POPI Act and to provide clarity on the following:
- What personal information Adworth collects about our users and the basis thereof;
- How Adworth uses and protects the personal information of our users;
- How long Adworth keeps the personal information of our users;
- The rights of our users regarding their personal information; and
- What our users should do if they do not want to provide Adworth with their personal information.
In this notice:
- Clause headings are for convenience and reference only and shall not be used in the interpretation thereof;
- Any gender includes the other genders and a natural person includes a juristic person and vice versa;
- All the annexures (if any) hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this notice;
- The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in the POPI Act;
- “Cookie/s” (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing to inter alia remember stateful information (such as items added in the shopping cart in an online store) or to record the user’s browsing activity.
- “User/s” means the person to whom Personal information relates;
- “Employee” means a permanent, fixed-term or temporary employee of Adworth;
- “Operator” means a third party that processes Personal information in terms of a mandate or contract with Adworth, without coming under the direct authority of Adworth;
- “Information officer” means the person appointed by Adworth, from time to time, who is responsible for the monitoring of compliance, by Adworth, with the conditions for the lawful processing of Personal information; dealing with requests made to Adworth in terms of the POPI Act; working with the Regulator in relation to investigations conducted in relation to prior authorisation by the user/s and ensuring compliance by Adworth with the provisions of the POPI Act;
- “Person” means any person, company, close corporation, trust, partnership or other entity;
- “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the educational, medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other Personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
- “Privacy Notice or Notice” means this Notice as amended from time to time;
- “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal information, including—
- the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form; or
merging, linking, as well as restriction, degradation, erasure or destruction of information.
Personal information Adworth collects about a user and the basis thereof. The Personal information Adworth collects in the ordinary course of business includes:
- only information that is adequate, necessary, and relevant to enable it to effectively render a service or assist in any manner required, such as the user’s name, identity number (where applicable), registration number, user’s employees or its director’s Personal information, contact information etc;
- electronic communications sent to Adworth;
- information submitted to Adworth in response to a vacancy advertisement;
- information from the user’s visits to the Adworth website, including the type of browser and operating system that the user uses, access times, pages viewed, URLs clicked on, his IP address and the pages visited before and after navigating the Adworth website;
- social media tracking pixels that allow platforms such as Facebook and Twitter to interact with the Adworth website and give feedback on the user’s actions;
- device information, including the unique device identifier, hardware model, operating system and version and mobile network information;
- Personal information that Adworth collects when it monitors other websites may include the user’s public Personal information, for example when Adworth monitors digital conversations on public platforms to understand what people are saying about it or related industries in general. Adworth may combine information that it has about a user from various sources; and
- Personal information that Adworth collects when a user submits a review or reports a complaint or adverse event associated with one of its products. This may include user information such as gender, date of birth and contact details.
- The Adworth website (and any websites linked thereto) uses various technologies including “cookies” which allow the website to recognise and respond to the user as an individual. The user can elect to accept or decline cookies. If a user elects to decline cookies, not all elements of the website may function as intended, so their website experience may be affected.
- Adworth uses a variety of security measures and technologies to help protect Personal information of a user from unauthorised access, use, disclosure, alteration or destruction in line with applicable Personal information protection and privacy laws. For example, when Adworth shares the Personal information of a user with external suppliers, it shall put in place a written agreement which commits the suppliers to keep the user’s Personal information confidential, and to put in place appropriate security measures to keep it secure.
- The transmission to Adworth of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at the user’s risk.
- Despite the security measures that Adworth has in place to protect Personal information of a user (firewalls, password access and encryption methods), the user acknowledges that it may be accessed by an unauthorised third party, e.g. as a result of an illegal activity.
- From time to time Adworth may provide links to websites or mobile applications that it does not own or control. This Notice does not apply to those websites. If a user chooses to use those websites, they must check the legal and privacy policies or statements posted on each website or mobile application they access to understand their privacy practices.
Adworth may use the Personal information of a user to provide the user with information and services including:
- online events, such as webcast events;
- press releases;
- job postings;
- financial results;
- marketing communications about Adworth products and services. Adworth will obtain consent for marketing to the extent required by law.
- Contact and interact with the user, including to:
respond to requests from the user (for instance in case the user applied for
- and to provide important notices and updates, such as changes to terms, standard operating procedures (SOPs), policies, security alerts and administrative messages.
- Operate Adworth’s business, including:
- Screening visitors through CCV footage, conducting searches for dangerous weapons and completing the attendance register for security purposes to ensure that only authorised persons enter the premises of Adworth.
- complying with applicable laws, regulations and guidance; and
- complying with demands or requests made by regulators, governments, courts and law enforcement authorities.
Improve Adworth’s day-to-day operations, including:
- for internal purposes such as auditing, data analysis and research to help Adworth deliver and improve its digital platforms, content and services;
- to monitor and analyse trends, usage and activities in connection with Adworth products and services to understand which parts of Adworth’s digital platforms and services are of the most interest and to improve the design and content of those platforms;
- to improve Adworth’s products and services and communications to the user; and
- to ensure that Adworth has up-to-date contact information for the user, where applicable.
Adworth will always keep the Personal information of a user for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, Adworth will keep Personal information of a user:
- for as long as needed to provide the user with access to services they have requested;
- where the user has contacted Adworth with a question or request, for as long as necessary to allow Adworth to respond to the question or request and as required by law.
- Adworth may share Personal information of a user with the following third parties:
- Adworth agents and suppliers, including those who provide it with technology services such as data analytics, hosting and technical support;
- Adworth’s professional advisors, auditors and business partners;
- regulators, governments and law enforcement authorities; and
- other third parties in connection with re-organising all or any part of Adworth’s business.
- Personal information of a user may be processed by Adworth and Adworth’s third party suppliers outside of the user’s home country. Personal information laws in the countries to which the Personal information of a user is transferred may not be equivalent to, or as protective as, the laws in the user’s home country.
- Adworth will implement appropriate and reasonable measures to ensure that the Personal information of a user remains protected and secure when it is transferred outside of the user’s home country, in accordance with applicable Personal information protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses.
The user is entitled to:
- request the correction and/or deletion of their Personal information;
- request the restriction of the processing of their Personal information, or object to that processing;
- withdraw their consent to the processing of their Personal information (where Adworth is processing their Personal information based on their consent);
- withdraw their consent to receive marketing messages;
- request for the receipt or the transfer to another organisation, in a machine- readable form, of the Personal information that they have provided to Adworth; and
- complain to their local data protection authority if their privacy rights are violated, or if they have suffered as a result of unlawful processing of their Personal information.
- Where a user is given the option to share their Personal information with Adworth, they can always elect not to do so.
- If a user objects to the processing of their Personal information, or if they have provided their consent to processing and they later choose to withdraw it, Adworth will comply with the request in accordance with its legal obligations. Adworth’s legal obligations in respect of the withdrawn information shall therefore cease to exist.
- By visiting Adworth’s website and communicating electronically with Adworth, the user consents to the processing, including transfer of their Personal information as set out in this Notice.
- Adworth is continually improving its methods of communication and adding new functionality and features to its website. Due to these ongoing changes, changes in the law and the changing nature of technology, Adworth’s data protection practices will change from time to time. If and when its protection practices change, Adworth will update this Notice to describe its new practices. The user is encouraged to check it regularly.