1. Introduction

1.1 In terms of POPI, a “Responsible Party” (in this case being Solunetix (Pty) Ltd) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, Solunetix requires your express and informed permission to process your Personal Information.

2. Process

2.1 In the event of you refusing to give the required consent, Solunetix will still have the right, in terms of POPI, to process your information without your consent under any of the following circumstances:

2.2 where such processing and use of your personal information is necessary in order to give effect to a contractual relationship as between you and Solunetix;

2.3 where such processing is required in terms of a law, such as without limiting the generality thereof, the Financial Advisory And Intermediary Services Act, 37 of 2002 (FAIS), the Financial Intelligence Centre Act 38 of 2001 (FICA) and/ or the National Credit Act, 34 of 2005 (NCA); or

2.4 where such processing is necessary to protect the legitimate interests of Solunetix or a third party.

3. Purpose for the Collection

3.1 The reason why Solunetix requires your Personal Information is to enable Solunetix to;

3.2 Voluntary:

3.2.1 Processing Information As a business which includes the supply of software, maintenance and, support we may use your personal information, with your consent, to inter alia, create online profiles accessible by you using the internet, analyse our web traffic and improve our site and service. By providing us with personal information, you expressly consent to Solunetix processing your personal information for legitimate and business related purposes.

3.3 Mandatory:

3.3.1 comply with the applicable tax and financial legislation;

3.3.2 conclude a contract with you;

3.3.3 report to government in terms of the applicable laws, including for example, Income Tax Laws;

3.4 All Personal Information which you provide to Solunetix will only be used for the purposes for which it is collected.

4. Consequences of Withholding Consent or Personal Information

4.1 Should you refuse to provide Solunetix with the required consent and/ or information, Solunetix will be unable to provide the product swool.io, or provide you with Solunetix’s goods or services.

5. Storage and Retention and Destruction of Information

5.1 All Personal Information which you provide to Solunetix will be held and/ or stored securely for the purpose of contacting. Your Personal Information will be stored electronically in a database.

5.2 Where appropriate, some information may be retained in hard copy.

5.3 In either event, storage will be secure and audited regularly regarding the safety and the security of the information.

5.4 Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI.

5.5 Once this information is no longer required, due to the fact that you no longer need Solunetix to provide you with goods or services, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa.

5.6 Thereafter, all your Personal Information will be permanently destroyed.

6. Right to Object

6.1 In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to Solunetix processing your Personal Information.

6.2 On receipt of your objection Solunetix will place a hold on any further processing until the cause of the objection has been resolved.

7. Accuracy of Information and Onus

7.1 POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date.

7.2 Whilst Solunetix will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise Solunetix of any changes to your Personal Information, as and when these may occur.

8. Sharing of Information

8.1 Your Personal Information will be stored electronically in a centralised data base.

8.2 In particular, the following persons or departments within Solunetix will have access, under strict confidentiality, to your Personal Information:

8.2.1 swool.io System Administrators

8.3 Third Parties: Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers’ personal information to perform such services.

9. Access to the Information

9.1 You have the right at any time to ask Solunetix to provide you with:

9.1.1 the details of any of your Personal Information which Solunetix holds on your behalf; and

9.1.2 the details as to what Solunetix has done with that Personal Information,

10. Company Information Officer

10.1 hello@swool.io (email)

10.2 hello@solunetix.co.za (email)

11. Declaration and Informed Consent

11.1 I declare that all Personal Information supplied to Solunetix for the purposes of performing its services and related legal and operational reasons is accurate, up-to-date, is not misleading and that it is complete in all respects.

11.2 I undertake to immediately advise Solunetix of any changes to my Personal Information should any of these details change.

11.3 I furthermore give Solunetix permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.