4) COOKIES

See our Cookies Policy

5) HOW WE USE YOUR PERSONAL INFORMATION

1. We will not sell your Personal Information. We will only use Personal Information within the framework of the law. Most commonly, we will use
   Personal Information in the following circumstances:
   ) where you have given us your consent; or
   
   • where we need to perform the contract, we are about to enter into or have entered into with you; or
   • where it is necessary for the protection of the Data Subject’s legitimate interest; or
   • where it is necessary for our legitimate interests (or those of a Third-Party) and your interests and fundamental rights do not override those
     interests; or
   • where we need to comply with a legal obligation.
2. We will get your consent before sending third-party direct-marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or using such automated facilities made available by us.
3. Purposes for which we will use Personal Information:
   i) We have set out in the table below a description of all the ways we plan to use Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
   
   • Note that we may process Personal Information for more than one lawful ground depending on the specific purpose for which we are using the data. Please contact us if you need details about the specific legal ground, we are relying on to process your Personal Information where more than one ground has been set out in the table below.
4. Zuydam Konsult only shares Personal Information with other companies or individuals outside of Zuydam Konsult in the following circumstances:
   
   • We may require informed Consent for the sharing of any Special Personal Information or the Consent from a Competent Person for sharing Children information (where applicable). We may provide such information to affiliates in the Zuydam Konsult group of companies, to collaborating companies or other trusted businesses or persons for the purpose of Processing Personal Information on our behalf. We require that these parties agree to Process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
   • We may provide such information to affiliates in the Zuydam Konsult group of companies, to collaborating companies or other trusted businesses or persons for the purpose of Processing Personal Information on our behalf. We require that these parties agree to Process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
   • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
     • satisfy any applicable law, regulation, legal Process or enforceable governmental request;
     • enforce a contract between us, including investigation of potential violations thereof;
     • detect, prevent, or otherwise address fraud, security or technical issues; or
     • protect against imminent harm to the rights, property or safety of Zuydam Konsult, users of this website or the public as required
       or permitted by law

5. Marketing: We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising.
   
   • Promotional Offers From Us
     1. As a Zuydam Konsult Client
        
        • Once you have acquired any of our services from us or make use of our website (browse wrap agreement) we will deal with you as a client of Zuydam Konsult under POPIA.
        • As a client we may use your Contact information to submit to you information/material of our other services and/or products that are related and that we feel may be of interest to you.
        • Important: you may ask us on submission of your Identity, and Contact information not to send you the abovementioned information. At any time subsequent to our initial engagement you can make use of the opting out options under
     2. Not yet a Client of Zuydam Konsult
        
        • We may collect through one of our employees or through our mailing system your email, however
        • Before we use same for any direct marketing purposes we will ask you for Consent (opt-in) prior to sending you direct marketing material.
   • Third-party marketing.
     
     • We will get your express opt-in consent before we share your Personal Information with any third-party for marketing purposes
     • TAKE NOTE: We may provide (without your consent) third-party marketing parties/ advertisers with anonymous aggregate information (Aggregate Data (see above)) about our users (for example, we may inform them that 500 men aged under 30 have clicked on a specific product or advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific region). We may make use of the Personal Information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. IMPORTANT: We do not disclose information about identifiable individuals to our advertisers
   • Opting Out
     
     • You can ask us or third-parties to stop sending you marketing messages at any time by logging into the website or unsubscribe on the email communication or by contacting us at any time and requesting to op-out of our marketing services.
     • Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of a Service purchase, service experience or other transactions.

6. Automated processing and decision making
   
   • We do not use any automated processing and/or decision-making tools, including but not limited to AI Systems, to process your Personal Data in order to provide its Services. In the event that this should change, we will update this Policy to reflect same.
7. Change of purpose.
   
   • We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it
     for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
   • If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
   • Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where
     this is required or permitted by law.

6) DISCLOSURES OF PERSONAL INFORMATION

1. We may share Personal Information with the parties set out below for the purposes set out in the table above
   
   • Internal Third-Parties as set out in the Definitions. Where we share Personal Information to our group (collaborating companies/ partners/ correspondents), we ensure your Personal Information is protected by requiring all our collaborating companies to follow this Policy when processing your Personal Information.
   • External Third-Parties as set out in the Definitions and those external third parties as per your instructions
   • Third-Parties to whom we may choose to sell, transfer or merge all or parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Privacy Policy.
2. We require all Third-Parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our Third-Party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions
3. We do not allow our Third-Party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.
4. We may further share Personal Information outside to External Third-Parties if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
   • Satisfy any applicable law, regulation, legal process or enforceable governmental request;
   • enforce applicable Terms of Use, including investigation of potential violations thereof;
   • detect, prevent, or otherwise address fraud, security or technical issues; or
   • protect against imminent harm to the rights, property or safety of Zuydam Konsult, users of this website or the public as required or
     permitted by law.

7) INTERNATIONAL TRANSFERS

1. We may transfer personal data to countries outside the country you are in for various purposes, such as to facilitate international business operations or to provide services to our global customers. When transferring personal data outside your country, we ensure that such transfers are made in compliance with the Data Protection Legislation.
2. Whenever we transfer Personal Information out a Client’s country, we ensure a similar degree of protection is afforded to it by ensuring at least
   one of the following safeguards is implemented:
   
   • We will only transfer your Personal Information/Data to countries that have been deemed to provide a similar level of protection for Personal Information as the Republic of South Africa (where POPIA applies) or level of protection as prescribed by the GDPR.
   • Where we use certain service providers, we conclude an agreement with them to confirm that your Personal Information is confidential, they can only Process on our instructions and that they should establish and maintain appropriate technological and organisational
     measurements to protect your Personal Information.
   • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield (or Schemes) which requires them to provide protection to Personal Information similar to the conditions under the GDPR, which we believe are good principles to ensure compliance.
3. Transparency and Accountability: We maintain a record of all cross-border data transfers, including the countries to which data is transferred and the safeguards implemented. We are committed to transparency and accountability in our data transfer practices and will provide information on these transfers upon request.
4. By submitting your Personal Data to us you consent to the transfer of your Personal Data outside the borders of your country (when required).

8) DATA SECURITY

1. We have put in place appropriate technological and organisational measures to prevent Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to Personal Information to those employees, agents, contractors and other third-parties who have a business need to know. They will only process Personal Information on our instructions, and they are subject to a duty of confidentiality.
2. We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
3. Under certain legislation we may have a duty to report certain offences to the authorities within a limited time period. We cannot be held liable for any consequences that may result from these said reporting.

9) DATA RETENTION

How long will we use your Personal Information for?

1. We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or best practice in dealing with issues that may arise in respect of our relationship with you..
2. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other
   requirements
3. In some circumstances you can ask us to delete your data: see your legal rights below for further information.
4. In some circumstances we will anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10) RECORDS

We will keep detailed, accurate and up-to-date written records regarding any Processing of Personal Information it carries out, including but not limited to, the access, control and security of the Personal Information and approved subcontractors, the processing purposes, categories of processing, any transfers of Personal Information to a third country and related safeguards, the instructions as received from our customers and a general description of the technical and organisational security measures and retention and destruction of Personal Information.

11) SOCIAL MEDIA

1. Our website(s), App or Services may, in certain circumstances, provide you with social plug-ins from various social media networks. If you choose to interact with a social network such as Facebook, Instagram or LinkedIn (for example by registering an account or click on the links from our website), your activity on our website(s) will also be made available to that social network. This is necessary for the performance of your contract with us which allows you to interact with a social network. If you are logged in on one of these social networks during your visit to our website(s) or are interacting with one of the social plug-ins, the social network might add this information to your respective profile on this network based on your privacy settings. If you would like to prevent this type of information transfer, please log out of your social network account before you enter our website(s), or change the necessary privacy settings, where possible.
2. Communication, engagement and actions taken through external social media networks that we participate in are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
3. You are advised to use social media networks wisely and communicate / engage with them with due care and caution in regard to their own privacy policies (if any). PLEASE NOTE: WE WILL NEVER ASK FOR PERSONAL OR SENSITIVE INFORMATION THROUGH SOCIAL MEDIA NETWORKS AND ENCOURAGE USERS, WISHING TO DISCUSS SENSITIVE DETAILS OR TO RESOLVE ISSUES/CONCERNS, TO CONTACT US THROUGH PRIMARY COMMUNICATION CHANNELS SUCH AS BY TELEPHONE OR EMAIL.
4. Our social media network page(s) may share web links to relevant web pages. By default, some social media platforms shorten lengthy URL’s. You are advised to exercise caution and due care before clicking on any shortened URL’s published on social media platforms by this website. Despite our best efforts to ensure that only genuine URL’s are published, many social media platforms are prone to spam and hacking and
   therefore our website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

12) DATA SUBJECT’S LEGAL RIGHTS

1. Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Information:
   
   1. Request for Access: Request access to Personal Information (commonly known as a “data subject access request”). There may be a fee associated with this request – see below. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it. Kindly refer to our PAI Manual available on our website.
   2. Request Correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
   3. Request Deletion of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Take Note: Erasure of your Personal Information shall further not limit our rights in terms of Aggregate Data and Pattern Data
   4. Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
   5. Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal
      Information in the following scenarios:
      1. If you want us to establish the data’s accuracy.
      2. Where our use of the data is unlawful, but you do not want us to erase it.
      3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
      4. You have objected to our use of your data, but wee need to verify whether we have overriding legitimate grounds to use it.
   6. Request the transfer of your Personal Information to you or to a third-party. We will provide to you, or a third-party you have chosen, your Personal Information in a structured, commonly used and/or machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Contact us if you need to transfer your Personal Information. We may be required by law to keep a copy of your Personal Information subsequent to the transfer to you or the third party.
   7. Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Services to you. We will advise you if this is the case at the time you withdraw your consent
2. If you wish to exercise any of the rights set out above, please contact us at the details mentioned 1)b) above
3. Fee required: Apart from any prescribed fees under any applicable data protection legislation, you will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
4. What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
5. Time limit to respond: We try to respond to all legitimate requests within 30 (thirty) days. Occasionally it could take us longer than 30 (thirty) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

13) SUBCONTRACTORS

1. We may authorise a third party (subcontractor) to Process the Personal Information on our behalf. Where we use sub-contractors, we will:
   
   1. Enter into a written contract with the subcontractor that contains terms substantially the same as those set out in this Privacy Policy, in particular, in relation to requiring appropriate technical and organisational data security measures; and
   2. maintain control over all Personal Information it entrusts to the subcontractor.
2.  We agree to select subcontractors carefully according to their suitability and reliability.
3. A subcontractor within the meaning of this Privacy Policy shall not exist if we commission third parties with additional serv ices, that are not an essential part of this Privacy Policy.
4. Where the subcontractor fails to fulfil its obligations under such written agreement, we remain fully liable to you for the subcontractor’s performance of its agreement obligations.
5. The Parties consider Zuydam Konsult to control any Personal Information controlled by or in the possession of its subcontractors.
6. We undertake to ensure that all subcontractors who process Personal Information of Data Subjects shall not amend, modify, merge or combine such Personal Information and Process same as per our instructions.

14) PERSONAL INFORMATION BREACH

1. In the event of a security compromise as contemplated in section 22 of POPIA, we are committed to managing the incident promptly, responsibly, and transparently. Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and the affected data subjects as soon as reasonably possible after becoming aware of the compromise, unless the identity of the data subjects cannot be established.
2. Such notification will be provided in accordance with section 22(4) of POPIA and will include sufficient information to allow affected data subjects to take protective measures, including:
   
   1. A description of the possible consequences of the security compromise;
   2.  A description of the measures taken or proposed to be taken by us to address the security compromise;
   3.  Recommendations to the data subject on how to mitigate the potential adverse effects of the security compromise; and
   4.  If known, the identity of the unauthorised person who may have accessed or acquired the personal information.
3. We maintain a record of all breaches, even those not requiring notification, to ensure compliance with the Data Protection Legislation.

15) DEFINITIONS

1. Artificial Intelligence (AI) System or AI Systems means a computer-based technology which is designed to perform tasks that typically require human intelligence. It encompasses a variety of techniques, such as machine learning and natural language processing, enabling the system to learn, adapt and make decisions autonomously.
2. Channels: means any of our technology channels made available for you to access our Services, for example, websit(s), App(s) or social media sites;
3. Child means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him – or herself.
4. Consent means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information.
5. Data Subject means the person to whom Personal Information relates and, in this document, refers to you as the party providing Personal Information that will be processed by us or a relevant third-party.
6. Data Protection Legislation means any and all applicable laws relating to the protection of data or of Personal Information and shall include [the Protection of Personal Information as per the POPI Act] / [GDPR] / [Applicable law – linked to country of incorporation].
7. GDPR means the General Data Protection Regulation that governs the collection, processing, and protection of personal data of individuals within the European Union (EU) and the European Economic Area (EEA). It was adopted by the European Parliament and Council on April 14, 2016, and became effective on May 25, 2018.
8. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best Service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
9. Operator means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party.
10. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
11. PAI Act means the Promotion of Access to Information Act, Act 2 of 2000.
12. Personal Information/Data means information as defined under applicable data protection legislation.
13. POPIA means the Protection of Personal Information Act, Act 4 of 2013.
14. Personnel means Zuydam Konsult employees, directors or authorised sub-contractors.
15. Responsible Party means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information.
16. Services has the same meaning as per our Terms of Use via any of our channels/technologies.
17. Sites means our website, and or App and/or social media sites and/or other communication channels;
18. Special Personal Information means information that may be sensitive information, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and biometric information or criminal convictions and offences.
19. THIRD-PARTIES:
    
    1. Internal Third-Parties: Partners, affiliates, employees, shareholders, directors and/ or agents of Zuydam Konsult (if applicable) and other divisions within Zuydam Konsult, acting as joint responsible parties or operators and who are based in South Africa and who may also provide agricultural services and/or products similar to those of Zuydam Konsult.
    2. External Third-Parties:
       1. Service providers acting as operators who provide IT and system administration services or implementation services (for purposes of our products and/or services as acquired by clients).
       2. Third parties as instructed by you under your engagement with Zuydam Konsult, i.e.South African Revenue Service, Master of the High Court.
       3. Professional advisers acting as operators (i.e. correspondents and counsel/advocates) or joint Responsible Parties, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
       4. Regulators and other authorities acting as Operators or Joint Responsible Parties who require reporting of Processing activities in certain circumstances.
       5. Courts of law or any other authorities where we have an obligation under law to share your Personal Information
       6. In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets

END OF POLICY