Connected.Life.Stay (Pty) Ltd
This Agreement was last revised in November 2017. You are advised to regularly check the Application’s website www.connectedstay.co.za for any amendments or updates.
1. UNDERSTANDING PERSONAL INFORMATION
Connected.Life.Stay strives to ensure that the conditions set out the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. In particular, Connected.Life.Stay strives to ensure that Personal Information and Special Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.
2. PERSONAL INFORMATION COLLECTED
- Connected.Life.Stay collects and processes information that can be used to identify You personally (“Personal Information”) that is necessary to providing, facilitating and maintaining the Connected.Life.Stay services.
- We collect Personal Information/Special Personal Information from the following entities:
- natural persons over 18;
- natural persons under the age of 18, we collect Special Personal Information with the consent of the parent or legal guardian (a Competent Person), and
- Users who have signed up to use the Application.
- As a parent or guardian, a Competent Person, in the case of a minor, You consent to the collection, processing, sharing and storage of Special Personal Information for the purpose of adding such information to the Connected.Life.Stay Application.
- Personal Information collected by Connected.Life.Stay may include:
- 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 education or the 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.
- We may also collect Personal Information/Special Personal Information through Your access and use of our Application and through Your participation in various activities on the Application.
- There may be instances where we may also collect some information that is not Personal Information/Special Personal Information because it does not identify You or anyone else (we may collect aggregated information about how You use our Application).
- If You use our Application, we may use tracking technologies to collect information such Your activity or the information You request. This information collected is kept confidential. The use of tracking technologies enables us to keep track of activities on the Applications You use so that we may provide You with further information.
- If You do not want us to collect Personal Information about You, do not submit Your Personal Information to Connected.Life.Stay.
3. PURPOSE OF COLLECTING PERSONAL INFORMATION
- The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Connected.Life.Stay services. Connected.Life.Stay also collects and processes Your Personal Information in order:
- to create and administer Your account;
- to create, administer and maintain schedules;
- to facilitate and monitor logistics;
- to communicate with child, My Family member, My Village Members and third party service providers;
- to forward photographs of the child’s activities to the parent or legal guardian;
- to track and monitor children’s movement;
- to send SMS and email alerts;
- to verify Your identity;
- to send communications regarding updates on news, activities and topics of interest requested by You;
- to process and respond to any complaint made by You;
- to assess the performance of the Connected.Life.Stay services;
- to engage in legitimate electronic communications and transactions with You;
- to provide feedback on any related enquiries;
- to provide You with direct marketing material;
- to update our records and keep Your contact details up to date;
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
- The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
- We are also able to use the information collected to improve our internal technical and business processes. We research users’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Connected.Life.Stay service, track users’ actions and gather broad demographic information.
- In some instances, Connected.Life.Stay may also collect sensitive information about users, such as information about their racial or ethnic origin. Consent is obtained for the collection of such information.
4. CONSENT TO PROCESSING PERSONAL INFORMATION
- By using the Connected.Life.Stay Application, You and all authorised Users on the Application hereby consent to Your Personal Information (including Special Personal Information) for the abovementioned purposes, associated purposes and to (a) update our records; (b) keep Your contact details up to date; (c) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.
- By Using the Application, You represent that You are of the age of 18 or where You are under 18, a Competent Person has given consent to allow You to utilise this Application.
- You, or a Competent Person in the case of a minor, consent/s to the processing of Personal Information/Special Personal Information. As a Competent Person You agree that giving such consent means that You have given Connected.Life.Stay permission to collect and process the child’s Special Personal Information in the ways described in this Policy.
- Personal Information/Special Personal Information may be processed by Connected.Life.Stay in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ. The consent to receive direct marketing from Connected.Life.Stay is obtained during the registration process and You consent to the receipt of direct marketing communications regarding all business activities and news.
5. HANDLING OF PERSONAL INFORMATION
- Connected.Life.Stay seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all personal information supplied by You is both true and correct at the time of provision. In the event of any aspect of Your personal information changing post submission, it is Your responsibility to immediately notify Connected.Life.Stay of the said changes by email to firstname.lastname@example.org.
- You warrant that You have the authority, permissions and consent to provide Connected.Life.Stay with any third party information submitted to Connected.Life.Stay.
- Connected.Life.Stay will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information for security.
- Should an unauthorised person/s gain access to Your Personal Information Connected.Life.Stay will contact You within a reasonable time to inform You of such access.
- Connected.Life.Stay may share Your PersonaI Information with authorised third parties such as service providers to Connected.Life.Stay. These include, but are not limited to data hosting service providers. Connected.Life.Stay does not permit these parties to use such information for any other purpose than to perform the services that Connected.Life.Stay has instructed them to provide. All processing is compatible with such purpose.
- Connected.Life.Stay may collect personal information from Users that may be transferred to and processed to countries outside of your country. By using our Website and submitting your Information, you specifically consent to the transfer and processing of your information outside of your country, which may not have data protection laws that provide the same level of protection that exists in your country. Your consent is voluntary.
- Where You have added authorised Users to the My Family or My Village panel, You bereby confirm that you have all the relevant consents and permissions for the collection and processing of personal information. You hereby indemnify and hold Connected.Life.Stay harmless, from any and all claims, losses and damages, from any third party claim for any violation of the right to privacy.
6. RETENTION AND RESTRICTION OF RECORDS
- On receipt of instructions from You, Connected.Life.Stay will destroy or delete a record of Personal Information about You which Connected.Life.Stay is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Connected.Life.Stay is required by law to retain. Connected.Life.Stay is entitled to retain de-identified information for authorised or legitimate purposes.
- In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Connected.Life.Stay to remove and/or delete Your Personal Information entirely, You may contact Connected.Life.Stay via email at email@example.com.
- You expressly consent to Connected.Life.Stay retaining Your Personal Information once Your relationship with Connected.Life.Stay has been terminated for evidential purposes and using the information for aggregate, statistical and reporting purposes.
- Records relating to the provision of information to and/or by You can be retained by Connected.Life.Stay in terms of legislative records retention provisions and includes Your Personal Information and/or Special Personal Information.
- Connected.Life.Stay retains records for a period that is longer than is required by law for statistical or research purposes and You hereby consent to such retention of Personal Information/Special Personal Information.
- Connect Life Stay guarantees that appropriate safeguards against the records being used for any other purposes have been established.
- For personal information pertaining to children, Connected.Life.Stay guarantees that the processing does not adversely affect the child’s privacy to a disproportionate extent.
7. UPDATING OF PERSONAL INFORMATION
- You may request access to any Personal Information/Special Personal Information we hold about You at any time by sending an email to firstname.lastname@example.org.
- If You believe that Personal Information/Special Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.
- Where we hold information that You are entitled to access, we will try to provide You with suitable means of accessing it (for example, by mailing or emailing it to You). We may charge You a fee for our administrative and other reasonable costs in providing the information to You. We will not charge for making the request and will not charge for making any corrections or updates to Your Personal Information/Special Personal Information.
- There may be instances where we cannot grant You access to the Personal Information/Special Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.
- SHARING YOUR PERSONAL INFORMATION
- Business records relating to the provision of information or the Application to You can be retained by Connected.Life.Stay in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Connected.Life.Stay shares Your Personal Information/Special Personal Information with Employees and other Users, Connected.Life.Stay does not permit such parties to use the information for any other purpose than those pertaining using, maintaining and/or running to the Application.
- We may disclose Your Personal Information/Special Personal Information to:
- our employees to enable us to operate;
- fulfil requests by You, and to otherwise provide information and services to You;
- suppliers and other third parties with whom we have commercial relationships, for business and related purposes; and/or
- any organisation for any authorised purpose with Your express consent.
- Where Connect Life Stay shares Your Personal Information/Special Personal Information with others, Connected.Life.Stay does not permit such parties to use the information for any other purpose than those pertaining to using, maintain, administering and/or running the Connected.Life.Stay services.
- We may further disclose Your Personal Information/Special Personal Information in the following instances:
- To comply with the law or legal process;
- To protect Connected.Life.Stay’s rights, facilities and other property;
- To protect Connected.Life.Stay against any misuse or unauthorised use of the Application; and
- To protect Users or third parties affected negatively by Your action in using the Application.
- We will disclose Personal Information/Special Personal Information to our Service Providers who use software programmes and hardware devices to monitor usage in order to identify unauthorised attempts to access, upload, damage or alter information that it has stored.
- Personal Information is stored on servers inside of South Africa.
- We have placed security safeguards to protect Your Personal Information/Special Personal Information through agreements concluded with third party Service Providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information/Special Personal Information whilst under the care of the third party.
- The Website is controlled and offered by Connected.Life.Stay from its facilities in South Africa. Connected.Life.Stay makes no representations that the Website is suitable or available for use in other countries. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law.
- UPLOADING PERSONAL INFORMATION
- If You are uploading Personal Information in connection with Your use of the Connect Life Stay Application You undertake that You are responsible for compliance with privacy and confidentiality regulations impacting You and hereby warrant that:
- You have the right and/or consent to upload the Personal Information. Such consent must be obtained directly from the data subject or if the data subject is under the age of 18, from a Competent Person.
- You are cognisant that processing of types of Personal Information regarded as sensitive without consent is prohibited.
- The data subject is/was aware of specific purposes of collection of their Personal Information.
- The data subject is aware that third parties (including Connect Life Stay) process their Personal Information.
- Connect Life Stay’s processing of Personal Information is reasonably associated with the purpose for which it was collected and/or the consent obtained.
- The data subject has not objected to the processing of their Personal Information by Connect Life Stay or other authorised third parties.
- You have taken reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary, taking into account the purposes for which it was collected.
- You agree that Connect Life Stay will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of the Personal Information whilst under the care of third parties.
- SECURITY SAFEGUARDS
- We take reasonable steps to ensure that Your Personal Information/Special Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We cannot guarantee, however, the absolute security of Your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
- We use third parties who may have access to Your Personal Information and who have undertaken to protect Your Personal Information.
- We will notify should we have cause to believe that Your Personal Information may have accessed or used in an unauthorised manner.
- As our Application is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information You communicate to us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information/Special Personal Information or other information which You transmit to us online is transmitted at Your own risk.
You agree to indemnify and hold Connected.Life.Stay, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Connected.Life.Stay’s reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.
- DATA SUBJECT PARTICIPATION
Should You have enquiries concerning Personal Information processed by Connected.Life.Stay, You can request feedback that describes the Personal Information held by Connected.Life.Stay, and information about third parties, or categories of third parties who provide services to Connected.Life.Stay, who have, or have had, access to the information. You may request that Connected.Life.Stay correct or delete Your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading or obtained unlawfully; or destroy or delete a Personal Information that Connected.Life.Stay is no longer authorised to retain. As a User, You have the right to request access, correction or deletion of Your Personal Information.
- If You have any additional questions or concerns about our privacy practices, we invite You to contact us by email at email@example.com and we will address Your concerns to the best of our ability.
- We will treat Your requests or complaints confidentially.