We are committed to protecting your privacy and to ensuring that personal information provided to us is collected and used properly, lawfully and transparently in line with the Protection of Personal Information Act 4 of 2013 (“POPIA“). 

The purpose of this Privacy Policy (“Policy“) is to explain – 

  • how Digicloud Africa Proprietary Limited (“Digicloud“, “we“, “us“) collects, protects, shares, uses and otherwise processes your personal information collected by us from you directly, through the use of our website, the use of our products and services and/or your electronic communications with us; and
  • the rights you have in relation to your personal information in terms of POPIA and we will, to the extent possible, inform you what information is voluntary or mandatory for you to provide and the consequences for failing to provide the requested information.

This Policy must be read together with any other legal notices or terms and condition provided or made available to you on our website and/or when you complete or use any documents provided by us to you in respect of any of our products and/or services. 

This Policy is not intended to reproduce laws or regulations, but rather set out guidelines for our conduct in any operations which involve the processing of personal information.

What do we do with the personal information collected from you?

We use personal information to provide services relating to the distribution and re-sale of Google Cloud Products. The personal information gathered by the completion of the online form on this website will be used solely for the purpose or purposes indicated by the given form. This includes, but is not limited to, – 

  • providing our products and services to you, carry out the transactions you request and maintain our relationship with you; 
  • performing due diligence on prospective resellers who intend to become Distributor Authorised Resellers of Google; 
  • conducting credit checks;
  • to provide, operate and maintain our website; 
  • process requests for the collection, updating, access or deletion of your personal information; 
  • for audit and record keeping purposes; 
  • for the detection and prevention of fraud, crime, money laundering or any other malpractice;
  • in connection with legal proceedings; and 
  • comply with applicable laws, regulatory requirements or industry codes to which we subscribe to or which apply to us. 

Furthermore, personal information relating to suppliers, customers and resellers or potential resellers is used to conduct the normal operations of our business. If you apply for employment with us, we use the personal information you supply to process your job application. Other than as set out in this Policy, we will not share your personal information unless we are required to do so by law.

Our legal bases for processing your personal information 

As can be noted from the above processing purposes, whenever we process your personal information we have to have something called a “legal basis” for what we do. The different legal bases we rely on are, amongst others, – 

  • Consent – You have told us you are happy for us to process your personal information for a specific purpose(s);
  • Legitimate interests – The processing is necessary for us to conduct our business, but not where our interests are overridden by your interests or rights;
  • Performance of a contract – We must process your personal information in order to be able to provide you with one of our products or services; and/or

Legal obligation – We are required to process your personal information by law

Disclosure of your personal information to third party service providers

We employ other companies and individuals (“third parties“) to perform certain ancillary functions on our behalf.  Examples of these third parties include authorised credit information bureaus, accountants, recruitment agents and other professionals. These third parties only have access to personal information as is necessary to perform their functions and may not use it for any purpose other than the purposes for which it was provided to them. Furthermore, these third parties are obligated to process the personal information provided in accordance with the provisions of POPIA.

Where we disclose your personal information to the above parties, they will be bound to use the personal information for the reasons and purposes for which it was provided to them and not for any other purpose. To this end, we will enter into agreements with these third parties. In addition, we may be obliged to disclose your personal information where we have a duty to disclose in terms of law or where we believe it is necessary to protect our rights.

Further to the above, we may also share your personal information with third parties in the event of any of the following – 

Merger Civil rehabilitation
Acquisition Joint-venture
Assignment Transfer of all or any part of the business of Digicloud
Any insolvency or similar proceedings

We may also use your personal information or permit selected third parties to use your personal information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email or telephone. This includes connecting customers with resellers where we are aware that a customer is seeking a reseller for a specific opportunity. Therefore, when you apply to be a reseller, your personal information will be captured on our marketing database. Furthermore, you may be subjected to targeted advertising based on your contact information which we obtain from publicly available resources.

Protection of the Company and others

As stated above, we will only share your personal information when we believe that such a release is appropriate to comply with the law, enforce or apply our mandated or other agreements or protect the rights, property or safety of the Company. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. 

Obviously, however, this does not include selling, sharing or otherwise disclosing personally identifiable information in our possession for commercial purposes in a way that is contrary to the commitments made in this Policy.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal information and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal information and simply indicates the post ID of the article you just edited. It expires after 1 day.

For more general information on cookies, please visit https://www.allaboutcookies.org/

How secure is the information held by us? 

We will take reasonable and appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration disclosure or access. 

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity that operates a website linked to our website or anyone other than Digicloud, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Further to the above, articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect information about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long do we retain your personal information?

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

We may also retain your personal information to the extent and duration that we have a legitimate interest to process your personal information depending on, amongst others, the nature and lifespan our services or products provided to you.

We will upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for what is set out above and for that which we are legally obliged to retain.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. 

Do you use my contact information for marketing purposes?

Unless you are an existing customer of ours, we may use your contact information for marketing purposes with your prior consent (i.e. opt-in first). You have the right to restrict the receipt of unwanted marketing material subject to the provisions of POPIA and the Consumer Protection Act, 2008.

Cross border personal information transfers 

Section 72 of POPIA provides that personal information may only be transferred out of the Republic of South Africa if certain conditions are satisfied. Digicloud will only transfer your personal information to third parties in countries that are subject to law, binding corporate rules or a binding agreement which provide for adequate or the same levels of protection as afforded by the provisions of POPIA.

How to access your personal information

We undertake to provide you with access to your personal information and provide mechanisms that any personal information found to be inaccurate or incomplete could be corrected or amended as feasible subject to any requirement or rule for such personal information to be retained by law. For further information on how to exercise these rights, please refer to our procedure for data subject access to, objection to, correction or deletion of personal information processed by Digicloud as set out in the PAIA/POPIA Manual, which is available, upon request, from our Information Officer whose details are provided below. 

Prior to the amendment, correction or removal of your personal information, we will require you to identify yourself and to identify the portion information requested to be amended, correct or removed. A request for the amendment, correction or removal of personal information may be declined if the process of the request is unlawful, unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others or would be impractical. 

It is important that any information you provide directly to us is accurate and correct. Please let us know as soon as you can if any information we hold about you is no longer correct. Providing false or inaccurate information in order to obtain a product or service may also result in services being restricted or cancelled.

What rights do I have?

As a data subject, you have a number of data privacy rights. These rights include – 

  • a right of access: subject to certain exceptions, a data subject after providing adequate proof of identity has the right to – 
  • request Digicloud to confirm whether any personal information is held about the data subject; and/or
  • request from Digicloud a description of the personal information held including information about third parties who have or have had access to personal information. 
  • a right to request correction or deletion: a data subject may request Digicloud to – 
  • correct or delete personal information about the data subject in our possession or control that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading or obtained unlawfully; and/or 
  • destroy or delete a record of personal information about the data subject that Digicloud is no longer authorised to retain in terms of the relevant legislative provision. 
  • a right to withdraw consent and to object to processing: a data subject that has previously consented to the processing of his/her/its personal information has the right to withdraw such consent and may do so by providing Digicloud with notice to such effect to our Information Officer (at the contact details set out below). Furthermore, a data subject may object, on reasonable grounds, to the processing of personal information relating to him/her/it;
  • a right to not be subjected to direct marketing by means of unsolicited electronic communications: a data subject has a right not to be subject to direct marketing by means of unsolicited electronic communications unless you have given us your consent or you are an existing customer of ours; and
  • a right not to be subjected automated decision making: a data subject has a right not to be subject to a decision which results in legal consequences for him/her/it which is based solely on the basis of the automated processing of personal information.

As a data subject, you also have a right to lodge a complaint to the Information Regulator of South Africa if you are unsatisfied with the manner in which Digicloud addresses any complaint with regard to Digicloud’s processing of your personal information, the contact details of the Information Regulator are as follows – 

website: http://justice.gov.za/inforeg/

Tel: 012 406 4818 

Fax: 086 500 3351

Email: inforeg@justice.gov.za

Notification of a data breach 

In the event of a data breach leading to the accidental or illegal damage, loss, modification, unauthorised disclosure or any unauthorised access to your personal information that has been transmitted, stored or otherwise processed, Digicloud has the relevant instruments and policies in place in order to cater for and assess the details relating to any such data breach in a prompt and efficient manner. 

Digicloud will notify the Information Regulator and any affected data subjects of such data breach in accordance with the provisions of section 22 of POPIA.

Contact details of our Information Officer 

The contact details of our Information Officer are as follows – 

Name: Louis van Schalkwyk
Email: louis@digicloud.africa

What about amendments to this Policy?

We reserve the right to amend and/or modify this Policy at any time, in response to local laws and at times, international laws.

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Last updated October 2021.