1. Introduction

  • Acrux Resources (Pty) Ltd (registration number 2013/003276/07) (“we”, “us” or “our”) collects and processes the personal information of anyone who communicates with us through, or registers on, our website, or makes use of any of our services (“you” or “your”).
  • By reading this policy, you will understand what we do with your personal information, or the personal information of third parties who have consented to you giving their personal information to us (“consenting third parties”). It is important that you read and understand this policy if you would like to use our services.
  • Personal information may include very sensitive information, which you and consenting third parties probably want to keep private. South Africa’s Constitution provides that everyone has the right to privacy.  This includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.
  • We only collect and process personal information for a lawful purpose, such as performing services you requested from us or for performing our legal obligations. If not for one of these purposes, we will request your consent for collecting and processing your personal information. Because of the sensitivity of some personal information, we ensure that the way we process your personal information complies fully with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
  • This privacy policy applies to any of your and consenting third parties’ personal information that we collect and process through our website, or which you authorise us to collect from third parties.
  • You also promise that, where you upload or provide us with consenting third parties’ personal information e.g. your additional users (employees or representatives), you will have obtained them for a lawful purpose or that they have freely given consent to do so. If we require it, you will provide us with evidence of having obtained the required consent.
  • You will see that some of the words listed in this privacy policy are in italics. Those words are defined in POPIA and those definitions apply to this privacy policy.  For example, under POPIA, you or a consenting third party are defined as a data subject.
  • Our privacy policy terms may change from time to time. When we change them, the changes will be made on our website.  Please ensure that you regularly visit our website and read this privacy policy.  Although we do not promise to do so, we may give you notice of any changes we think are important.

2. Purposes of processing

We collect your personal data in order to:

  • manage and respond to requests from you made on the website, for example requesting us to contact you;
  • personalise our communication in order to carry out operations, brand promotion and to have a better understanding of your needs and wishes;
  • adapt our services to best meet your requirements;
  • personalise our offers and administrative communication;
  • inform you of special events or activities provided by us;
  • manage your preferences;
  • predict and anticipate future behaviour;
  • compile statistics and scores, and conduct reporting exercises;
  • improve the quality of our services and provide training in particular, carrying out studies and analyses of questionnaires and comments from yourself; and
  • monitor your choices and requests regarding the processing of your personal data, in order to meet our legal and regulatory obligations in this respect.

3. Your rights under this privacy policy

You and consenting third parties have the right to have your personal information processed lawfully.  Your rights include the right:

  • to be notified that your personal information is being collected or that your personal information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system;
  • to find out whether we hold your personal information and to request access to your personal information;
  • to request us, where necessary, to correct, destroy or delete your personal information;
  • to object, on reasonable grounds, to the processing of your personal information;
  • to object to the processing of your personal information for purposes of direct marketing, including by way of unsolicited communications;
  • not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your personal information;
  • to submit a complaint to the Regulator if you believe that there has been interference with the protection of your personal information or if you believe that an independent adjudicator who may be resolving your complaint against us, has not decided the matter correctly; and
  • to institute civil proceedings against us if you believe that we have interfered with the protection of your personal information.

4. How we collect your personal information

  • When we collect your personal information, we will collect information such as your company registration number or identity number, e-mail address, names, home or work physical addresses and telephone numbers.
  • Depending on the nature of our service may require us, in certain instances, we may collect your information from third parties. You consent to us contacting these third parties directly (or indirectly through a process that you will facilitate) and permit us to collect your personal information from them.
  • We will not intentionally collect and process the personal information of a child unless we have the permission of a competent person.
  • Where you provide us with your users’ or consenting third parties’ personal information you confirm that they have consented to the processing of their personal information such as their identity number, e-mail address, names, home or work physical addresses, telephone numbers and academic records.

5. How we use your personal information

  • In order to provide our service, we may need to pass your personal information on to third parties. The reason we may do this, includes for reporting, learning and statistical purposes. This privacy policy records your consent to us passing your information onto those third parties.
  • We will ensure that your personal information is processed in a lawful manner and that we do not infringe on your privacy rights.
  • Once we have passed your personal information on to third parties, with your consent, we are no longer able to ensure the integrity and confidentiality of your personal information. We will however obtain undertakings from them, that they will ensure compliance with POPIA’s requirements.
  • We advise that you review the terms and conditions, as well as the privacy policies of third parties you request us to pass your personal information on to.

6. Where we store your personal information

  • Protecting your personal Information is very important to us. We store your personal information on our servers, or on servers located in countries that have privacy levels that comply with or are better than POPIA.
  • If we ever outsource the processing of your personal information to a third-party operator, we will ensure that the operator processes and protects your personal information using reasonable technical and organisational measures that are equal to or better than ours.
  • In the event that we transfer or store your personal information outside South Africa, we will take all steps reasonably necessary to ensure that the third party who receives your personal information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection.

7. How we use cookies or other personal identification software

  • An HTTP cookie (a text file with no executable code) is a small piece of data stored on the user’s computer by the web browser while browsing a website. They are intended to make your experience of visiting and navigating through our website easier and more pleasant.  Cookies may collect personal information such as the identity of your computer or mobile device and your location, and web-tokens may store your personal information.
  • If you do not want cookies or web tokens to be installed on your computer or mobile device, please do not use our website. This means that you will not be able to use our services.  By using our website, you consent to cookies and web tokens being installed on your computer or mobile device.

8. Information Security

  • We undertake to secure the integrity and confidentiality of your personal information in our possession or under our control. We will do this by taking appropriate, reasonable technical and organisational measures to prevent loss of; damage to; or unauthorised destruction of your personal information; and unlawful access to or processing of your personal information.
  • You need to make sure that you do not fall for tricks that hackers and other fraudsters may use to try to get access to your account. Learn about phishing and other such techniques.  Do not click on strange links in emails and always keep your passwords strong and secure.  We are not responsible for any damages or harm you may suffer if unauthorised people access your account through no fault on our part.

9. Cross – border data transfer

  • To avoid legal liability and ensure compliance with relevant legislation, the cross border transfer of Personal Information may only take place once the information has been afforded adequate protection from disclosure and unauthorised access in the country of destination; and
  • Under some circumstances (subject to country specific legislation), the appropriate consent of the person/(s) concerned is necessary and/or appropriate contracts are entered into.

10. The law governing this privacy policy

This privacy policy is governed by the laws of the Republic of South Africa.

11. How to contact us

  • If you have questions and/or comments about our privacy policy or need to protect any of your rights set out in this policy, please contact our information officer on email address or telephone number 011 745 2921.

Our physical address is ,1st Floor, The Gabba, The Campus, 57 Sloane Steet, Bryanston, 219