Privacy Policy
Your privacy is important to us. It is Newlyn’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, www.newlyngroup.com and other sites we own and operate. Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and identity particulars) payment details, and even information about how you use a website. In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies and are governed by same accordingly. We strongly advise that once any user has navigated to any site via an available link, their privacy policy and or policies about how data/ personal information is collected and used, must be read and understood. This Privacy Policy does not apply to any of your activities after you leave our site.
Policy effective date: 30 June 2021
Last updated: 30 June 2021
INFORMATION WE COLLECT
Information we collect falls into one of two categories: ‘voluntarily provided’ information and ‘automatically collected’ information.
‘Voluntarily provided’ information refers to any information you knowingly and actively provide us;
‘Automatically collected’ information refers to any information automatically sent by your devices while accessing our products and or service/s.
LOG DATA
When visiting our website, our servers may automatically log the standard data provided by your web browser. It may include the browsing device’s Internet Protocol (IP) address, browser type and version, visited pages, time/s and date/s of the visit, the time spent on each page, and other details about the visit. Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about the browsing/user device, what action occurred when the error happened, and other technical information relating to the problem. The user may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is. Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual/s and or persons.
PERSONAL INFORMATION
We may ask for personal information — for example, when you register an account or when you contact us — which may include but isn’t limited to full name/s, email address/es and phone/mobile number, and or other contact details as may be required at that time.
LEGITIMATE REASONS FOR PROCESSING YOUR PERSONAL INFORMATION
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance we only collect personal information that is reasonably necessary to provide our services to you.
COLLECTION AND USE OF INFORMATION
We may collect personal information from you when you do any of the following on our website:
Register for an account
Use a mobile device or web browser to access our content
Contact us via email, social media, or via any similar platform using similar or same technologies
When Newlyn is mentioned on any but not limited to any social media platform.
We may collect, hold, use and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our core features and services
to contact and communicate with you
to enable you to access and use our website, associated applications, and associated platforms
for internal record keeping and administrative purposes
for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.
SECURITY OF YOUR PERSONAL INFORMATION
During the collection and when processes sing personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss, theft and or any reasonable form of prejudice, as well as unauthorised access, disclosure, copying, use or modification. Although we will do our best to protect the information you provide to us, we advise that no method of electronic transmission or storage is 100% secure and same cannot be guaranteed thereby resulting in absolute data security.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account as a service provider with us, we may retain this information on our system for the duration your services are required. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you. However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
CHILDREN’S PRIVACY
We do not aim any of our products or services directly at minors and we do not knowingly collect personal information about such minors
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose personal information to:
a parent, subsidiary or affiliate of the group;
third-party service providers for the purpose of enabling them to provide their services including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance, marketing providers, professional advisors, and payment systems operators.
our employees, contractors, and/or related entities;
our existing or potential agents or business partners;
credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for services rendered.
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors who assist us in providing information, products, services, or direct marketing;
third parties to collect and process data;
an entity that buys, or to which we transfer all or substantially all of our assets and business.
YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may possibly affect your use of our website or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may formally request details of the personal information that we hold about you in the requisite form.
Correction: If you believe that any information, we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
USE OF COOKIES
We use ‘cookies’ to collect information about you and your activity across our site. A cookie is a piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.
BUSINESS TRANSFERS
If we or our assets are acquired, or in the unlikely event that we undergo business rescue and or undergo provisional liquidation, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
LIMITS OF OUR POLICY
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.
CHANGES TO THIS POLICY
We may, at our sole discretion, change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy. If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy. If required by law, we will get your permission or give you the opportunity to opt in to or opt-out of, as applicable, any new uses of your personal information.
LEGAL BASES FOR PROCESSING YOUR PERSONAL INFORMATION
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly and in a transparent manner. This means we only collect and use your information on the following grounds:
CONSENT FROM YOU
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using as directed by the legislation governing same at that time however, this will not affect any use of your information that has already occurred. When you contact us, you may consent to your name and email address being used so we can respond to your enquiry. While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
PERFORMANCE OF A CONTRACT OR TRANSACTION
Where you have entered a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.
OUR LEGITIMATE INTERESTS
Where we assess it is necessary for our legitimate interest/s, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
STATUTORY AND REGULATORY COMPLIANCE
In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, statutory requests, and or other regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
CONTROLLING YOUR PERSONAL INFORMATION
Restrict: You have the right to request that we restrict the processing of your personal information if: –
you are concerned about the accuracy of your personal information;
you believe your personal information has been unlawfully processed;
you need us to maintain the personal information solely for the purpose of a legal claim; or (iv)
we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide reasonable and legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in an easily readable format. You may also have the right to request in writing that, we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted/removed the information from our services.
DO NOT TRACK
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals. We adhere to the standards outlined in this privacy policy ensuring we collect and process personal information lawfully, fairly, transparently and with legitimate, legal reasons for doing so.
COOKIES AND PIXELS
At all times you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities.
OUR INFORMATION OFFICER
Danvir Haridass
THE SA INFORMATION REGULATOR
You have the right to lodge a complaint with the SA Information Regulator. See the Information Regulator contact details below.
The Information Regulator (South Africa)
PO Box 31533, Braamfontein, 27 Stiemens St, Braamfontein, 2017
The Information Regulator (South Africa)