All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy are deemed to refer to Metrofile Holdings Limited (“Metrofile”), its subsidiaries, affiliates, parent companies and any of their respective associated companies and related businesses (“Metrofile Group” or “Group”).
All of the above collectively referred to as “you”
It should be noted that additional privacy requirements and notices, as applicable, will be included subject to the relationships that we have with you. For example, where we process the personal information of data subjects on behalf of our clients (i.e. where we are acting in the capacity as an “operator”), additional privacy requirements may be stipulated in the binding legal contract/s between us and our client. In addition, where any third party processes personal information of our or our clients’ data subjects, (ie where such third party is acting in its capacity as an operator), additional privacy requirements will be included and/or required in binding legal contracts with such third party.
Website and web applications:
While visiting our website or web applications/portals, you may be requested to provide certain personal information, which identifies you as an individual (including, but not limited to, your name and contact details). Such information may be collected in the following manner:
Clients, service providers, other third parties and employees:
At any time, should you not wish to receive direct marketing from us, please inform us at GroupMarketing@metrofileholdings.co.za in order to unsubscribe. In addition, each time we send you marketing information by e-mail, SMS text messaging or any other means, we will provide an opportunity for you to unsubscribe from receiving further information from us.
1.2. Purpose for collection
We may process your personal information in several ways including when you:
Note: “Process” includes collecting, receiving, recording, organising, collating, storing, updating, modifying, retrieving, altering, consulting or using, disseminating, distributing or making available and merging, linking, blocking, degrading, erasing, destroying personal information. Processing of personal information is also performed to comply with applicable laws.
As many other websites, we use “cookies” (or other types of tracking software) to help us gather information from visitors to our website about you, which is not personally identifiable. For example:
A cookie is a small data file that our server sends to your browser when you visit the site.
No information which personally identifies you will be collected through cookies. You can obtain information about how to manage cookies at www.allaboutcookies.org.
Third parties (including, but not limited to, software providers, advertisers and ad placement agencies) may also use tracking technologies by or through the site. We have no responsibility or liability for any tracking, data collection or other activities of such third parties.
We may keep your personal information in either electronic or hard copy form. In both cases, we take reasonable and appropriate reasonable technical and organisational measures to ensure that the personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
3.1. Third party disclosure
We may disclose your Personal Information to third parties where required by law, where it is necessary to give effect to a contract with you, or where we have a legal legitimate interest in doing so. For example, we may share your Personal Information with the following third parties:
Should there be a sale, merger, consolidation, change in control, transfer of assets, reorganisation or liquidation of any member of the Metrofile Group, we may transfer your information to third parties involved in the sale, merger, consolidation, change in control, transfer of assets, reorganisation or liquidation.
By providing any personal information to us, you fully understand and clearly consent to the fact that we may transfer such personal information in these cases.
Note: When we share personal information with these third parties, we will require them to honour this policy, to the full extent required by applicable law.
3.2. Mandatory disclosure
We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary to protect or defend our interests or the interests of our clients or users of our site. Such instances can include disclosing your personal information to the following third parties:
We take protection of personal information seriously and we take precautions to keep your personal information secure.
Therefore, with due regard to generally accepted information security and handling practices and procedures in our industry in the applicable jurisdictions, we seek to secure the integrity and confidentiality of personal information in our possession by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information, and unlawful access to or processing of personal information.
However, as the website is accessible via the internet, and the internet is inherently insecure, we cannot guarantee the security of information you send to us online (including that it will not be intercepted). You send information to us online at your own risk.
As a data subject of Metrofile you have the right and responsibility to ensure that the personal information we hold about you is accurate. In the absence of evidence to the contrary, we will assume that the information you provided to us is accurate. At your request, where the law requires us to do so, you can exercise your data subject rights as per the following, subject to verification and validation of your identity:
As is common for websites and based on our international footprint, we may automatically transfer your personal information outside of the jurisdiction in which it was collected to a foreign jurisdiction. At times, we may transfer your information to our Group companies, some of whom may be located outside the borders of your jurisdiction, for business development, market research or to share it between Group companies for direct marketing purposes. We undertake to comply with the requirements in this regard as set out in the applicable data protection legislation.
As a multinational, Metrofile adheres to applicable laws where it operates.
The information, software, products, and services included in or available through the Metrofile website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Metrofile and/ or its suppliers may make improvements and/ or changes on the Metrofile website at any time. Advice received via the Metrofile website is general advice and should not be relied upon for personal, medical, legal or financial decisions or for any other specific scenario and you should consult an appropriate professional for specific advice tailored to your situation.
Metrofile and/ or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Metrofile website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Metrofile and/ or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Metrofile and/ or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, losses, liabilities, claims or expenses (“Losses”) or any Losses whatsoever including, without limitation, Losses for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Metrofile website, or any delay or inability to use the Metrofile website or related services, or the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Metrofile website, or otherwise arising out of the use of the Metrofile website, whether based on contract, delict, negligence, strict liability or otherwise, even if Metrofile or any of its suppliers has been advised of the possibility of such Losses.
The Metrofile Group Privacy Officer can also be contacted at Privacy@metrofilegroup.com or at the contact details provided in the “Contact Us” section on the website.
Consent refers to voluntary agreement to some act, practice or purpose. It has two elements: knowledge of the matter agreed to, and voluntary agreement. Consent can be express or implied.
Express consent is given explicitly, either orally or in writing. Implied consent arises where consent may reasonably be inferred in the circumstances from the conduct of the individual and the organisation.
Data subject refers to the person (natural or juristic, where applicable) to whom the personal information relates.
Operator refers to 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.
‘Our’, ‘us’, ‘we’ or ‘company’ refers to Metrofile Holdings Limited (“Metrofile”), its subsidiaries, affiliates, parent companies and any of their respective associated companies and related businesses (“Metrofile Group” or “Group”).
Personal information refers to information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
Third party refers to any entity, individual, trust, partnership, or joint venture, whom is not part of the Metrofile Group organisational structure. Examples include consultants, outsourcers, etc.
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