Privacy Policy

1. INTRODUCTION
   • This privacy policy (“this Policy”) explains how erNavigator Technology (Pty) Ltd (“erNavigator”) protects and uses your Personal Information.
   • By providing erNavigator with your Personal Information, you:-
     • agree to this Policy and authorise erNavigator to process such information as set out herein; and
     • authorise erNavigator, its Associates, erNavigator Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy.
   • Please note that erNavigator may review and update this Policy from time to time. The latest version of this Policy is available on request.
2. DEFINITIONS
   • “Associates” means erNavigator’ shareholders, erNavigator subsidiaries and/or the directors, employees and consultants of erNavigator or of any of its subsidiaries.
   • “Operator” means any person or entity that Processes Personal Information on behalf of the Responsible Party.
   • “Person” means “a natural person or a juristic person.
   • “Personal Information” means information that is about any Person, or from which any Person is directly or indirectly identifiable.
   • “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended.
   • “Process“, “Processes“, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
   • “Responsible Party” means the entity that decides how and why Personal Information is Processed.
   • “Sensitive Personal Information” means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties or any other information that may be deemed to be sensitive in terms of POPIA.
   • “Service Provider” means third party providers of various services whom erNavigator engage.
   • “Website” means any website operated, or maintained, by erNavigator or on erNavigator’ behalf.
3. COLLECTION OF PERSONAL INFORMATION
   • erNavigator may collect or obtain Personal Information about you:-
     • directly from you;
     • in the course of providing services to you;
     • when you visit and/or interact with erNavigator’ Website or erNavigator’ various social media platforms;
     • when you register to use any of erNavigator’ services including, but not limited to, newsletters.
4. CATEGORIES OF PERSONAL INFORMATION erNavigator MAY PROCESS
   • erNavigator may process the following categories of Personal Information about  you:-
     • identifier information such as your name and surname;
     • contact details such as your correspondence address, telephone number, email address;
     • instruction details such as the details of individuals instructing erNavigator, Personal Information included in correspondence, documents or other materials that erNavigator Processes in the course of providing services;
     • payment details such as your billing address, payment method, bank account number or credit card number, invoice records, payment records, SWIFT details, payment amount, payment date and/or records of cheques;
     • data relating to your visits to erNavigator’ Website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Website and other technical communications information;
     • employer details such as where you interact with erNavigator in your capacity as an employee of an organisation, the name, address, telephone number and/or email address of your employer (to the extent relevant); and/or
     • content and advertising data such as records of your interactions with erNavigator’ online advertising and content.

1. SENSITIVE PERSONAL INFORMATION
   • Where erNavigator processes your sensitive personal information , erNavigator will do so in the ordinary course of erNavigator business, for legitimate purpose , and in accordance with the POPIA.
2. PURPOSES OF PROCESSING AND LEGAL BASIS FOR PROCESSING
   • erNavigator may process your personal information in the ordinary course of providing services. erNavigator may subject your personal information to processing during the course of various activities, including, without limitation, the following:-
     • operating erNavigator’ business;
     • compliance with applicable law and fraud prevention;
     • transfer of information to erNavigator’ Service Providers and/or other third parties.
   • erNavigator may process your Personal Information for relationship management and marketing purposes in relation to erNavigator’ services (including, but not limited to, Processing that is necessary for the development and improvement of erNavigator’ services).
   • erNavigator may process your Personal Information for internal management and management reporting purposes, including but not limited to, conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and/or for management reporting analysis.
   • erNavigator may Process your Personal Information for safety and security purposes.
3. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
   • erNavigator may disclose your Personal Information to erNavigator’ Associates and Service Providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, erNavigator may disclose your Personal Information:-
     • If required by law;
     • legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
     • third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world;
     • where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;
     • to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including but not limited to, safeguarding against, and the prevention of threats to public security;
     • to any relevant third-party provider, where erNavigator’ Website uses third party advertising, plugins or content.
   • Should erNavigator engage a third-party Operator to Process any of your Personal Information, erNavigator recognises that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. erNavigator will review its relationships with Operators it engages and, should any applicable law require, erNavigator will require such Operators to be bound by contractual obligations to:-
     • only Process such Personal Information in accordance with erNavigator’ prior written instructions; and
     • use appropriate measures to protect the confidentiality and security of such Personal Information.

1. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
   • erNavigator transfers and stores personal information in a region situated outside of the Republic of South Africa.
   • In this regard, erNavigator commits to transferring personal information in accordance with section 72 of POPIA.
   • Section 72 of POPIA provides that personal information may only be transferred outside of the Republic of South Africa if the recipient organisation of the information is able to successfully implement and maintain a similar and “adequate level” of protection over the information that is transferred and subsequently received by it.
   • Personal information may be transferred to a region outside of the Republic if:-
     • the transfer of the aforementioned personal information is necessary for the purposes of upholding a contractual obligation;
     • the data subject to whom the personal information relates, provides consent for the personal information to be transferred outside of the Republic.
   • If it is likely that the Data Subject to whom the personal information relates will give their consent to the transfer of personal information, obtaining such consent is not necessary as outlined in section 72(e)(ii) of POPIA.
2. DATA SECURITY
   • erNavigator implements appropriate technical and organisational security measures to protect your Personal Information that is in erNavigator’ possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure and/or unauthorised access.
   • Where there are reasonable grounds to believe that your Personal Information that is in erNavigator possession has been accessed or acquired by any unauthorised person, erNavigator will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs erNavigator that notifying you will impede a criminal investigation.
   • Given that the internet is an open system, the transmission of information via the internet is not completely secure. Although erNavigator will implement all reasonable measures to protect your Personal Information that is in erNavigator’ possession, erNavigator cannot guarantee the security of any information transmitted using the internet and erNavigator cannot be held liable for any loss of privacy occurring during the course of such transmission.
3. DATA ACCURACY
   • The Personal Information provided to erNavigator should be accurate, complete and up to date. Should Personal Information change, the onus is on the provider of such data to notify erNavigator of the change and provide erNavigator with the accurate data.
4. DATA MINIMISATION
   • erNavigator will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary and legitimate purpose for which it was collected.
5. DATA RETENTION
   • erNavigator shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose, a legitimate interest or for the period required to comply with an applicable legal requirement (whichever is longer).

1. DIRECT MARKETING
   • erNavigator may Process your Personal Information for the purposes of providing you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
   • Should you currently receive marketing information from erNavigator which you would prefer not to receive in the future, please email [email protected].
2. CONTACT DETAILS
   • You may contact erNavigator at:-

The Data Protection Officer – erNavigator

Mike Fisher

[email protected]