This Website Data Protection Notice describes how Sika South Africa (Pty) Ltd ("[Company]" or "we" or "us" or "our") as controller processes the personal data and other information of the users ("you" or "your") in particular within the meaning of the Protection of Personal Information Act, (Act 4 of 2013) (hereinafter referred to as POPIA), and the when using the website https://zaf.sika.com ("Website").
1. Categories of personal data, processing purposes, legal basis and source
a. Personal Data actively provided by you:
If you create a user account on our Website, you will be asked to provide the following personal data about you: Name, postal address, email address, selected password. The Company processes such personal data for the purpose of providing our services to you. Providing such personal data is voluntary. However, without providing such personal data, you will not be able to create a user account. The legal basis for the processing of such personal data is the contract on the use of the Website concluded with you (sections 1,2,6,11, 26-33 (where relevant) of POPIA.)
If you register for the newsletter and consent to the receipt of newsletters and the processing of your email address for this purpose, you will be asked to provide your email address. We will use your email address for regularly sending you newsletters. Providing your email address is voluntary. However, without providing your email address you will not receive newsletters. The legal basis for the processing of your personal data for sending newsletters is sections 1,2,6,11, 26-33 (where relevant) of POPIA.)
b. Other passively collected information:
In addition to the personal data that you actively provide, the Website may automatically collect, process and store certain information on a pseudonymous basis from you:
- Device and usage information – that may include (i) information specific to the used device to access the Website (including, but not limited to, model, operating system, IP address, language, carrier and similar information) and (ii) information about the use of features, functions, or notifications on the device, to recognize you and to analyze trends;
- Website analytics – such as how often a user uses the Website, aggregated usage, performance data. We use Website analytics to allow us to better understand the functionality and use of our Website.
a. Transfer to service providers
The Company may engage external service providers, who act as a data processor of The Company, to provide certain services to The Company such as website service providers, marketing service providers or IT support service providers. When providing such services, the external service providers may have access to and/or may process your personal data.
Those external service providers will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data and to process the personal data only as instructed. (Section 21 of POPIA)
b. Other recipients
Some of our colleagues administering the Website and providing IT services may be employees of our group companies. When administering the Website our colleagues may have access to and/or may process your personal data. The respective transfer of your personal data is based on our legitimate interests. Our legitimate interests are the transmission of personal data within the group of companies for internal administrative and support purposes. The access is limited to colleagues with a need to know.
The Company may also transfer your personal data to law enforcement agencies, governmental authorities, legal counsel and external consultants in compliance with applicable data protection law. The legal basis for such processing is compliance with a legal obligation to which The Company is subject to or are legitimate interests, such as exercise or defense of legal claims. The updated list of data processors and third parties that we share data with is available upon request to the Company at the contact details below specified.
c. International transfers of Personal Data
The personal data that we collect or receive about you may be transferred to and processed by recipients which are located inside or outside the European Economic Area ("EEA") and which do not provide for an adequate level of data protection. The countries that are recognized to provide for an adequate level of data protection from an EU law perspective are Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Jersey, The Republic of South Africa, New Zealand and the Eastern Republic of Uruguay. Recipients in the US may partially be certified under the EU-U.S. Privacy Shield and thereby deemed to provide for an adequate level of data protection from an EU law perspective. To the extent your personal data are transferred to countries that do not provide for an adequate level of data protection from a South African Law perspective, we will base the respective transfer on appropriate safeguards, such as standard data protection clauses adopted by the Information Regulator as guided by the European Commission. You can ask for a copy of such appropriate safeguards by contacting us as set out in Sec. 5 (Contact us) below. The access is limited to recipients with a need to know.
It is further established that you confirm that:
c)i) The Corporate rules of the Company as a global entity guide the entity and provide adequate and substantial safeguards to your personal information; & in addition
c)iii) The data transfer is a requisite of the engagement between the parties and the Company’s effective performance in terms thereof or alternatively as a pre-contractual measure in favour of the data subject;
c)iv) That the transfer of data will result in a benefit to the data subject.
c)v) That the measures employed are, in compliance POPIA, specifically section 72 thereof.
2. What rights do you have and how can you assert your rights?
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law. For further information on these rights please refer to Appendix Your Rights. You also have the right to lodge a complaint with the competent data protection supervisory authority. To exercise your rights please contact us as stated in section (5.) below or use the specific web-form “Exercise Your Rights” available on the Company’s Website.
3. How long do we keep your Personal Data?
Your personal data will be retained as long as necessary to provide you with the services requested. When The Company no longer needs to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with legal or regulatory obligations to which The Company is subject, e.g. statutory retention periods.
4. Contact us
If you have concerns or questions regarding this Website Data Processing Notice, please contact us as follows:
Appendix Your Rights
(a) Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
(b) Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on
the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(c) Right to erasure ("right to be forgotten"): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
(d) Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your
personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
(e) Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have
provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
(f) Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, or where personal
data are processed for direct marketing purposes at any time to the processing of your personal data by us and we can be required to no longer process your personal data.
Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
g) Right not to be subject to discrimination: Under certain circumstances, you may have the right not to be subject to discrimination. This right is implied in general as it is relevant to the concepts of fairness, data subject participation and lawful processing, and automated decision making.