Our Privacy Policy

The policy: This privacy policy is for this website; www.creativenatives.net and served by Prickly Promotions cc t/a Creative Natives, 1 Quatro Mews, Scottburgh, 4180, RSA and governs the privacy of its users who choose to use it. It explains how we comply with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) [pre-GDPR enforcement] and the PECR (Privacy and Electronic Communications Regulations).

This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR, DPA & PECR are adhered to. Additionally, it will explain the use of cookies or software, advertising or commercial sponsorship from third parties and the download of any documents, files or software made available to you (if any) on this website. Further explanations may be provided for specific pages or features of this website in order to help you understand how we, this website and its third parties (if any) interact with you and your computer / device in order to serve it to you. Our contact information is provided at the foot of this page if you have any questions.

Compliance with Applicable Law

Protecting Customer privacy is of utmost importance to us. Accordingly, we have developed this Privacy Policy in order to safeguard the Customer’s personal information and to protect the confidentiality thereof. In so doing, we have taken cognisance of the provisions of the Constitution of the Republic of South Africa Act, 108 of 1996, the Electronic Communications Act, 25 of 2002 and the common law so as to ensure compliance with all relevant statutory requirements and best practice under South African law. This website complies with the DPA (Data Protection Act 1998) and already complies with the GDPR (General Data Protection Regulation) which comes into effect from May 2018.

No Liability for Unauthorised Disclosure

While we will do all things reasonably necessary to protect the Customer’s rights of privacy whilst on our website, we cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer’s personal and confidential information made by third parties who are not subject to our control.

Personal Information

For purposes of this Privacy Policy, “personal information means the Customer’s name, surname, address, e-mail address, telephone number, cell phone number, physical address, company name, credit card or banking details.”

Consent to Collection

By subscribing to our services, the Customer consents to our collection of personal information on an ongoing basis for the continued duration of the Customer’s relationship with us, subject to the limitations set out in this Privacy Policy.

Types of Personal Information Collected

Creative Natives collects personal information when a Customer submits an application form to make use of our services or to inquire about our products and services. If you choose to pay for the services you order from us by way of debit order, we will request your banking details to include in the periodic debit order transactions. We also collect personal information for purposes of improving our service offering and for purposes of increasing service efficiency.

Customer Data

The Customer Data collected by Creative Natives is used solely in connection with granting you access to the website, to your client area and for purposes of monitoring the use of the website so as to limit or prevent breaches of security. We may also use information collected for research regarding the effectiveness of the Creative Natives website and related marketing and advertising efforts. Electronic communications will be sent by Creative Natives using the Customer’s personal contact information to inform them of new products, important industry news or about general services provided by Creative Natives. We adhere strictly to permission-based email standards and as such all emails that are sent will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communication will be sent to the Customer.

Disclosure of Personal Information

Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, Creative Natives marketing and contract administration as well as to enable us to collect your debit order payment. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by Creative Natives.

Information collected from Customers may be disclosed to independent contractors and business partners, including Creative Natives’ payment processors and mail marketing service provider, provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for us, and (iii) observe our information handling procedures.

Retention of Personal Information

All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in the clause above.

Security

We use encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in our Customer Database.

Use of Cookies

This website uses cookies to better the user’s experience while visiting the website. As required by legislation, where applicable this website uses a cookie control system, allowing the user to give explicit permission or to deny the use of /saving of cookies on their computer / device.

What are cookies? Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.

Website Visitor Tracking

This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.

Adverts and Sponsored Links

This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

Clicking on any such adverts will send you to the advertiser's website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may, in turn, be saved on your computers hard drive. Users should, therefore, note they click on sponsored external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Downloads & Media Files

Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third-party anti-virus software or similar applications.

We accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity using third-party anti-virus software or similar applications.

Contact & Communication With us

Users contacting this us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.

Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in 'The policy' above.

Email Mailing List & Marketing Messages

We operate an email mailing list program, used to inform subscribers about products, services and/or news we supply/publish. Users can subscribe through an online automated process where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the regulations named in 'The policy' above. Subscribers can unsubscribe at any time through an automated online service, or if not available, other means as detailed in the footer of sent marketing messages (or unsubscribe from all Mailchimp lists). The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.

Email marketing messages may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.

Our EMS (email marketing service) provider is Mailchimp and you can read their privacy policy here.

External Website Links & Third Parties

Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.

We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should, therefore, note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Social Media Policy & Usage

We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify the authenticity of such profiles before engaging with, or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.

There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page.

Popi Act Additions

  1. Objective of the policy
  •  Ensuring the company complies with the POPI Act by responsibly collecting, processing, storing, and sharing client’s personal information.
  • Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your or your employees’ personal information. As a general rule we will only process this personal information if it is required to deliver or offer a service, provide a product, or carry out a transaction.
  • We may combine this personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.
  • If you use our other services, goods, products, and service channels, you agree that we may process this personal information as explained under this Privacy Policy. Sometimes you may be required to provide us with consent to process this personal information.
  • The Company can change this Privacy Policy from time to time if the law or our business practices requires such change.
  • This policy establishes a general standard for the appropriate protection of personal information (POPI) within the employment environment. Furthermore, it provides principles regarding the rights of individuals to privacy and to reasonable safeguards of their personal information.
  1. Application
  • All employees, contractors, consultants, temporary and other workers of the company, including all personnel affiliated with third parties must adhere to this policy. This policy applies to information assets owned or leased by the company, or to devices that connect to a company network or reside at the company site.
  1. Content
  • What is personal information?

Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:

  • Marital status
  • National origin
  • Age
  • Language
  • Birth place
  • Education
  • Relevant financial history
  • Identifying number (like an employee number, identity number, or passport number)
  • E-mail address; physical address (like residential address, work address or your physical location); telephone number
  • Biometric information (like fingerprints, signature, or voice)
  • Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation
  • Physical health; mental health; well-being; disability; religion; belief; conscience; culture
  • Medical history; criminal history; employment history
  • Personal views, preferences and opinions
  • Another’s views or opinions about you
  • Full names and initials

 

  • Special Personal information

Personal information also includes special personal information which is information about the following:

  • Race (like where a company submits reports to the Department of Labour where the statistical information must be recorded)
  • Ethnic origin
  • Trade union membership
  • Health (like where you apply for an insurance policy)
  • Biometric information (like to verify your identity); and / or your criminal activity and alleged commission of an offense.

 

  • When will we process your personal information?

We will only process this personal information for lawful purposes relating to our business if the following applies:

  • If you have consented thereto
  • If a person legally authorised by you, the law, or a court, has consented thereto
  • If it is necessary to conclude or perform under a contract we have with you
  • If the law requires or permits it
  • If it is required to protect or pursue your, our, or a third party’s legitimate interest.

 

  • When will we process your special personal information?

We may process your special personal information in the following circumstances:

  • If you have consented to the processing
  • If the processing is needed to create, use, or protect a right or obligation in law
  • If the processing is for statistical or research purposes and all legal conditions are met
  • If the special personal information was made public by you
  • If the processing is required by law

 

3.5      When and from where we obtain personal information about you

  • We collect personal information from our website and billing system.
  • We collect personal information from 3rd parties that are directly integrated with our software platform.
  • We collect information about you based on your use of our products, services, or service channels (like our Platform).
  • We collect information about you based on how you engage or interact with us such as via our support desk, emails, letters, telephone calls, and surveys.
  • We collect personal information from completed forms i.e. contact and billing information.

If the law requires us to do so, we will ask for your consent before collecting personal information about you or your employees from third parties.

The third parties from whom we may collect your personal information include, but are not limited to, the following:

  • Our partners, your employer directly, any of our other Bureau or channel partners and any connected companies, subsidiary companies, its associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this Privacy Policy.
  • Your spouse, dependents, partners, employer, and other similar sources.
  • People you have authorised to share your personal information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes.
  • Attorneys, tracing agents, debt collectors, and other persons that assist with the enforcement of agreements.
  • Payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like EFT transaction partners.
  • Insurers, brokers, other financial institutions, or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims, and other related purposes.
  • Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
  • Regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities.
  • Trustees, Executors, or Curators appointed by a court of law.
  • Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you.
  • Courts of law or tribunals.

 

3.6      Reasons we need to process your personal information

We will process your personal information for the following reasons:

  • To provide you with products, goods, and services such as payroll and HR services.
  • To market our products, goods, and services to you.
  • To respond to your enquiries and complaints.
  • To comply with legislative, regulatory, risk, and compliance requirements (including directives, sanctions, and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests.
  • To conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk.
  • To develop, test, and improve products and services for you.
  • For historical, statistical, and research purposes, like market segmentation.
  • To process payment instruments.
  • To create, manufacture, and print payment advice (like a payslip).
  • To enable us to deliver goods, documents, or notices to you.
  • For security, identity verification, and to check the accuracy of your personal information.
  • To communicate with you and carry out your instructions and requests.
  • For customer satisfaction surveys, and promotional offerings.
  • To enable you to take part in and make use of value-added products and services.
  • To assess our lending and insurance risks; and / or
  • For any other related purposes.

 

3.7      How we use your personal information for marketing purposes

  • We will use your personal information to market our technology and related products and services to you.
  • We will do this in person, by post, telephone, or electronic channels such as SMS, email, and fax.
  • If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communications with your consent.
  • In all cases you can request us to stop sending marketing communications to you at any time.

 

3.8      When, how, and with whom we share your personal information

In general, we will only share your personal information if any one or more of the following apply:

  • If you have consented to this.
  • If it is necessary to conclude or perform under a contract we have with you.
  • If the law requires it; and / or
  • If it is necessary to protect or pursue your, our or a third party’s legitimate interest.

Where required, each member of the company may share your personal information with the following persons. These persons have an obligation to keep your personal information secure and confidential.

  • Other members of the company, its associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors, and suppliers) for any of the purposes identified in this Privacy Policy.
  • Our employees as required by their employment conditions.
  • Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.
  • Payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers.
  • Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
  • Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities, and other persons the law requires us to share your personal information with.
  • Our service providers, agents and sub-contractors like couriers, and other persons we use to offer and provide products and services to you.
  • Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold.
  • Courts of law or tribunals that require the personal information to adjudicate referrals, actions, or applications.
  • Trustees, Executors, or Curators appointed by a court of law.
  • Participating partners in our customer loyalty reward programmes, where you purchase goods, products, and services, or spend loyalty rewards; and / or our joint venture and other partners with whom we have concluded business agreements, for your benefit.

 

  • Your duties and rights about the personal information we have about you 

You must provide proof of identity when enforcing the rights below.

You must inform us when your personal information changes.

Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual) for further information on how you can give effect to the rights listed below.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

  • Confirmation that we hold your personal information.
  • A copy or description of the record containing your personal information; and
  • The identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully, or we are no longer authorised to keep it. You must inform us of your request in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information.

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing is done according to your consent, or the processing is necessary to conclude or perform under a contract with you.

You must inform us of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.

  • How we secure your personal information 

We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological and procedural safeguards) will be appropriate and reasonable. This includes the following:

  • Keeping our systems secure (like monitoring access and usage)
  • Storing our records securely
  • Controlling the access to our buildings, systems and/or records
  • Safely destroying or deleting records
  • Ensure compliance with international ISO27001 security standards

 

  • How long do we keep your personal information?

We will keep your personal information for as long as:

  • The law requires us to keep it
  • A contract between you and us requires us to keep it
  • You have consented to us keeping it
  • We are required to keep it to achieve the purposes listed in this Privacy Policy
  • We require it for statistical or research purposes
  • A code of conduct requires us to keep it; and / or
  • We require it for our lawful business purposes

Note: We may keep your personal information even if you no longer have a relationship with us for the historical data that may be required by our service providers.

 

  • Under which circumstance will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

  • Where your personal information will be adequately protected under the other country’s laws or an agreement with the third-party recipient.
  • Where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third-party that is in your interest.
  • Where you have consented to the transfer; and / or
  • Where it is not reasonably practical to obtain your consent, the transfer is in your interest.

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied.

An example of us transferring your personal information to another country is where foreign payments take place if you purchase goods or services in a foreign country, or request that we facilitate salary payments to your employees in the countries.

 

3.13    Children's Privacy

Our service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided the company with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.

 

3.14    Our cookie policy

A cookie is a small piece of data sent from a websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.

By using a websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable a website to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.

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