This Policy outlines the commitment of Delitech (Pty) Ltd t/a Delitech I.T. Solutions'(hereinafter referred to as “Delitech”) to protecting the privacy rights of its Customers and the measures taken to safeguard the confidentiality and security of their Personal Information. This Policy further details the purposes for which Delitech collects and uses Personal Information, the methods of collection, the security measures employed, the Customer’s rights regarding their Personal Information, and the procedures for addressing any concerns or queries related to the privacy of their Personal Information.
This Policy should be read in conjunction with all of Delitech’s other terms and policies. Capitalised terms used in this Policy shall have the meanings assigned to them herein, unless otherwise specified. Any terms, including Capitalised terms, not explicitly defined within these Terms shall be interpreted in accordance with their commonly understood meaning within the context in which they are used. Unless the context indicates otherwise, (a) singular terms shall include the plural and vice versa, (b) references to any gender shall include all genders, and (c) references to persons shall include both natural and legal persons. Headings and numbering are included for ease of reference only.
Preamble
Delitech acknowledges and respects the privacy rights of its Customers. This Privacy Policy outlines Delitech’s commitment to protecting the privacy rights of its Customers and its adherence to the provisions of the Protection of Personal Information Act 4 of 2013 (hereinafter referred to as “POPIA”).
By availing themselves of Delitech’s Products and Services or accessing its Website at https://www.delitech.co.za/ the Customer accepts of the terms of this Policy and consents to the collection, processing, and use of their Personal Information as delineated herein.
1. Right to be Informed : Collection, Use, and Storage of Personal Information
1.1 Delitech will lawfully collect, use, and store the Customer’s Personal Information for the following primary purposes:
• Verifying and establishing the Customer’s identity.
• Engaging with the Customer through electronic mail, telephone, text messaging (including WhatsApp), the Website, and social media platforms.
• Disseminating information about the diverse range of Products and Services offered by Delitech.
• Providing Products and Services, fulfilling contractual obligations, and offering responsive support to the Customer.
• Facilitating financial transactions and managing the Customer’s account.
• Communicating details concerning competitions, promotional events, and exclusive offers.
• Undertaking marketing endeavours and Product research, including conducting surveys.
• Advancing Product and Service quality.
• Maintaining and updating databases containing pertinent Customer or potential Customer data.
• Customising its Website to cater to the preferences of the Customer.
• Sending relevant messages about its Website and the Customer’s account.
• Enhancing Website content.
• Providing targeted advertising to the Customer when accessing Delitech’s social media platforms or Website.
1.2 Delitech will collect the Customer’s Personal Information during various interactions and transactions of the Customer with Delitech.
1.3 The purpose for which Delitech collects the Customer’s Personal Information will be evident from the context in which the data is sought.
1.4 Delitech will solely collect and utilise the necessary Personal Information required for the designated purposes.
1.5 Delitech may employ the Customer’s Personal Information for internal purposes such as Product or Service development, improvement, optimisation, pattern identification, research, statistical analysis, and other legitimate business needs.
1.6 Delitech will not employ the Customer’s Personal Information for purposes other than those explicitly stated in this Policy unless requisite consent is obtained or as mandated by applicable laws and regulations.
1.7 When less intrusive methods are available for the collection of Personal Information, Delitech will prioritise the use of such methods.
1.8 Delitech does not retain credit card information, thereby ensuring heightened security for the Customer.
2. Other Sources of Collecting Personal Information
2.1 Delitech may collect Personal Information about the Customer from alternative sources, including but not limited to public records and credit bureaus to fulfill its obligations and comply with legal requirements.
3. Security of Personal Information
3.1 Delitech places paramount importance on securely storing the Customer’s Personal Information and will undertake all necessary measures to safeguard it from unauthorised access, loss, misuse, alteration, or destruction.
3.2 Delitech diligently implements protocols, processes, and procedures in accordance with prevailing industry standards, the specific context of its operations, its business requirements, and pertinent legal and regulatory frameworks to prevent unauthorised access, loss, misuse, alteration, or destruction of the Customer’s Personal Information.
3.3 Delitech is committed to the ongoing review and improvement of its security protocols, processes, and procedures to ensure continuous enhancement of data security.
4. Right to Access to and Requesting Personal Information
4.1 The Customer may request:
• Confirmation of the existence of their Personal Information in Delitech’s possession.
• Access to their Personal Information held by Delitech.
• Disclosure of the identities or categories of third parties to whom Delitech has disclosed their Personal Information.
• The update or deletion of any Personal Information that is inaccurate, incomplete, misleading, excessive, or outdated.
4.2 Delitech may levy a reasonable fee, as permitted under POPIA, for providing the requested information.
4.3 Delitech will undertake due verification of the Customer’s identity prior to furnishing any Personal Information.
4.4 To make such requests, the Customer must e-mail to legal@delitech.co.za.
5. Right to Update or Deletion of Personal Information
5.1 Delitech will retain the Customer’s Personal Information throughout the duration of their relationship with Delitech unless otherwise requested by the Customer.
5.2 The Customer possesses the prerogative to request Delitech to update or delete their Personal Information.
5.3 Delitech will undertake due verification of the Customer’s identity before updating or deleting any Personal Information.
5.4 Delitech is obligated by law to retain certain information, such as transaction records, for a prescribed period of up to five (5) years.
5.5 In the event of a Customer’s request for deletion of their Personal Information, Delitech will delete such information to the extent permissible by law.
5.6 To make a request to update or delete their Personal Information, the Customer must e-mail legal@delitech.co.za.
5.7 Delitech will make every reasonable effort to effect updates or deletions within thirty (30) days of receiving the Customer’s request.
6. Disclosure of Personal Information to Employees and Contracted Third Parties
6.1 Delitech’s employees may access or collect specific Personal Information in the course of their official duties, contingent on the context of the interaction with the Customer. Such instances may arise when the Customer makes account enquiries, reports Service issues, makes Service appointments or workshop bookings, or places Product and Service orders. In such cases, Delitech will disclose such Personal Information as may be relevant and necessary to its employees in fulfilling Delitech’s obligations.
6.2 Delitech may disclose the Customer’s Personal Information to contracted third parties, including but not limited to couriers, data centers, distributors, installers, maintenance and support teams, network operators, suppliers, and upstream providers, to aid Delitech in the fulfillment of its obligations and for purposes related to its use of Personal Information as detailed herein.
6.3 Delitech will ensure that any contracts concluded with third parties processing the Customer’s Personal Information on its behalf encompass the following obligations:
• Processing of the Customer’s Personal Information must not occur without Delitech’s knowledge and authorisation.
• Personal Information must be treated as confidential and must not be disclosed to third parties without Delitech’s consent.
• Security measures maintained by third parties must be comparable to those employed by Delitech.
• Third parties must promptly inform Delitech in the event of reasonable grounds to believe that any Customer’s Personal Information has been exposed to unauthorised access.
• In the case of third parties situated in foreign jurisdictions, compliance with data protection laws of the respective country must be ensured.
• Third parties must notify Delitech if legally compelled to disclose the Personal Information of any Customer.
6.4 Delitech will provide Personal Information to contracted third parties solely for the purposes specified in this Policy and not for any other purposes.
7. Disclosure of Personal Information for Marketing and Advertising Purposes
7.1 Delitech will not disclose, sell, or share the Customer’s Personal Information for marketing or advertising purposes.
8. Disclosure of Personal Information to Comply with Legal or Regulatory Requirements
8.1 Delitech may use and disclose the Customer’s Personal Information to comply with legal or regulatory requirements.
8.2 Delitech may disclose the Customer’s Personal Information when it is legally obligated or has the right to do so under the law, or when such disclosure is necessary to protect its rights, the rights of its directors, employees, Customers, or any third party.
9. Disclosure of Personal Information to Third Parties
9.1 Delitech will not share the Customer’s Personal Information with any third parties except as provided for in this Policy.
10. Processing of Personal Information for Other Purposes
10.1 Delitech will not process the Customer’s Personal Information for purposes not stipulated in this Privacy Policy unless any of the following exceptions apply:
• The Customer grants Delitech explicit permission to do so.
• Such processing is necessary for the exercise of any contractual rights or fulfillment of Delitech’s duties.
• Further processing is directly linked to the original purpose for which the Personal Information was collected.
• It is necessary for the prevention, detection, investigation, prosecution, and/or punishment of an offense.
• It is necessary to conduct legal proceedings in any court or tribunal.
• It will prevent or mitigate a serious and imminent threat to the health and safety of any person.
• It is necessary for historical, statistical, or research purposes.
11. Security Breaches
11.1 In the unfortunate event of inadvertent disclosure or unlawful breach of Delitech’s security resulting in the compromise of Personal Information, Delitech will immediately identify and notify the relevant affected Customers through their last known e-mail address or contact details, or through the most expeditious means available.
11.2 Delitech will provide sufficient information to the Customers to enable them to take appropriate protective measures against potential consequences arising from the breach. Additionally, Delitech will advise the Customers on the steps to be taken by them and the potential ramifications of the breach.
12. Cross-Border Transfer of Personal Information
12.1 The Customer consents to the cross-border transfer of their Personal Information, even to jurisdictions lacking data protection laws akin to those of South Africa, for storage purposes or when such transfer is deemed necessary in Delitech’s legitimate interests or the interests of a third party.
13. Consent to Collection, Processing, and Use of Personal Information
13.1 By availing themselves of Delitech’s Products and Services or accessing its Website, the Customer accepts of the terms of this Policy and consents to the collection, processing, and use of their Personal Information as delineated herein.
13.2 The Customer affirms that such consent has been granted voluntarily.
13.3 The Customer may withdraw their consent in writing by communicating their intention to do so to Delitech at legal@delitech.co.za.
13.3.1 It is imperative to note that such withdrawal of consent may potentially impede Delitech’s ability to provide Services to the Customer.
13.3.2 Delitech reserves the right to suspend any Services provided to the Customer upon withdrawal of consent.
14. Internet Communications and Transactions
14.1 The Customer acknowledges and accepts that internet communications and transactions may not guarantee absolute security or error-free operation.
15. Right to Opt-Out from Marketing
15.1 The Customer retains the right to request that Delitech refrains from contacting them for marketing purposes.
15.2 The Customer may exercise this right at any time using the various “opt-out” options provided by Delitech.
15.3 Despite the foregoing, Delitech will continue to send the Customer Service-related messages as necessitated by the provision of Services.
16. Privacy as Specifically Pertaining to Website
16.1 Visitors to Delitech’s Website at https://www.delitech.co.za/ may peruse its Website anonymously. However, for security purposes, Delitech will collect the visitor’s IP address.
16.2 Delitech will collect information about the visitor’s device, browser, operating system, pages viewed on its Website, and search queries entered on its Website for statistical purposes and to enhance its Website’s performance.
16.3 In the event that a visitor submits Personal Information to Delitech through its Website, Delitech will adhere to the following principles in handling the information:
16.3.1 Delitech will only collect Personal Information for purposes consistent with the reason for which the information is required, as evident from the context in which the Personal Information is solicited.
16.3.2 Delitech will process Personal Information in a manner that is adequate, relevant, and not excessive for the designated purpose.
16.3.3 Delitech will utilise Personal Information only for the purpose for which it was collected, unless the visitor expressly grants permission for the use of information for another purpose or if such usage is required by applicable legislation, including but not limited to the Consumer Protection Act, the Electronic Communications and Transactions Act, and the Protection of Personal Information Act.
16.3.4 Delitech will not disclose any Personal Information to any third parties without explicit permission, except as may be required by law.
16.3.5 Delitech will securely destroy or delete any Personal Information that is no longer required for the stated purpose.
16.3.6 Delitech employs cookies on its Website. For detailed information on the use of cookies, the Customer may refer to Delitech’s Cookie Policy, which can be accessed on Delitech’s Website at https://www.delitech.co.za/ or obtained by e-mailing legal@delitech.co.za.
16.3.7 Delitech disclaims any responsibility for the privacy practices of third-party websites accessible through hyperlinks provided on its Website, in its e-mails, or through any other means. Delitech strongly advises the Customer to review the privacy policies of third-party websites.
17. Right to Object or Lodge Complaints
17.1 The Customer possesses the right to object to the processing and storage of their Personal Information. The Customer may communicate their objection through e-mail to legal@delitech.co.za.
17.2 The Customer may lodge complaints with the Information Regulator via its Website at https://www.inforegulator.org.za.
18. Information Officer
18.1 In compliance with Section 55(2) of POPIA, Delitech’s Managing Director has been duly appointed as its Information Officer and is duly registered with the Information Regulator.
18.2 The contact details of the Information Officer are as follows:
The Managing Director: Dewald P. Montgomery
Delitech (Pty) Ltd
Office 10B Ryneveld Lifestyle Centre
75 Van Ryneveld Ave
Pierre van Ryneveld, Centurion, Gauteng
