Privacy Policy

1.
Definitions

*Some definitions have been extracted from the POPIA for ease of reference only and is not intended to be an exhaustive list of definitions in order to interpret and understand our Privacy Policy.*


1.1.
‘‘child’’ means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him- or herself;
1.2.
"FICA" means the Financial Intelligence Centre Act, No. 38 of 2001, as amended from time to time;
1.3.
"GDPR" means the General Data Protection Regulation – Regulation (EU) 2016/679, as amended from time to time;
1.4.
‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
1.5.
"PAIA" means the Promotion of Access to Information Act, No. 2 of 2000, as amended from time to time;
1.6.
"POPIA" means the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time;
1.7.
‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
1.8.
‘‘unique identifier’’ means any identifier that is assigned to a data subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that data subject in relation to that responsible party.
1.9.
‘‘Regulator’’ means the Information Regulator established in terms of section 39 of the POPIA;
2.
Introduction
2.1.
AG Creative Design (Pty) Ltd (“AGCD”) is a private company registered in the Republic of South Africa, bearing registration number 2015/145891/07.
2.2.
AGCD recognises and supports everyone’s right to privacy, which includes the right to protection against the unlawful collection, retention, dissemination and use of personal information. As such, AGCD will do its part to respect, promote and fulfil these rights, and in doing so, has aligned its practices to be in accordance with applicable legislation (i.e. the POPIA and the PAIA).
2.3.
Personal data or personal information refers to any information of a natural (individual) or juristic person (company, organisation etc.) that can be used to identify the person or organisation.
2.4.
Accordingly, personal information of our clients and users of our website are processed lawfully and in a reasonable manner; the processing of which is not intended to infringe upon the privacy of our clients and/or website users. The personal information which we collect is only processed for its intended purposes as adequately, relevant and non-excessively as possible.
2.5.
Our Privacy Policy outlines which personal information we collect, how it is processed and the purpose for which it is collected through our clients' use of our website and/or the information provided by our clients to us by any alternative means. For clarity, references to “we”, “us” or “our” in this notice shall be to AGCD; and references to “user”, “you” or “your” in this notice shall be to any user of this website and/or our client (potential, current or past).
2.6.
This Privacy Policy is intended to be read with our Terms and Conditions of Service, as well as our Terms of Use of our website.
3.
What Personal Information we Collect from you
3.1.
In using our website, you acknowledge and agree that may we collect, or you may opt to provide to us (by submitting a contact form; corresponding with us via email; request for quotations; surveys and/or newsletters and so on), your personal information (example: your name, surname, email address and/or telephone number and physical/postal address).
3.2.
You acknowledge and understand that we may collect, use, store and transfer different kinds of personal data about you including your first name, last name, title, gender, occupation, address, e-mail address (postal/physical), telephone numbers, feedback and survey responses, selected communication preferences; provided freely and voluntarily by you via the use of our website or directly to us by any alternative means (i.e. email, telephone; online and/or other platforms).
3.3.
We may also collect, use and share non-identifiable aggregated data such as statistical or demographic data for any purpose. This information does not, directly or indirectly, reveal your identity.
3.4.
Please note that we do not collect special categories of personal data which may include details relating to race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data; nor do we collect any information about criminal convictions and offences.
3.5.
Our website is intended to be used by adults only (18 years and older), and is not intended for use by children. We do not knowingly collect data relating to children.
3.6.
When you require us to send you a quote and/or invoice, you acknowledge and agree that we may need to access and/or collect personal information that may not have been expressly furnished, but already in the public domain i.e. via the internet – such as your website address, your physical/postal address or VAT registration number and so on.
3.7.
In complying with all applicable laws, such as POPIA and FICA, we may be required to verify your identity before we can provide any service to you. As such, you may be required to furnish us with particular information in order to do so.
3.8.
In order to enhance our service and the interaction features on our website, we may use Google Analytics on our website, which may make use of cookies to collect information about your use of our website (technical data). For more information about our use of cookies, please refer to our cookie policy below. You can also view Google Analytics' Policies and Data Privacy here.
4.
How your Personal Information is Collected by us
4.1.
Direct interactions with you whereby you personally provide information such as your name, address, telephone and e-mail address. This may be done by filling in of forms and/or questionnaires; or by corresponding with us by post, phone, e-mail or by other means. This includes personal information which you may provide when you submit contact forms or requests for quotations via our website; requests for information to be furnished to you; complete surveys or provide feedback/testimonials to us.
4.2.
During your interactions on our website, automated technologies or interactions (such as Google Analytics) may automatically collect technical and/or personal information about your equipment, browsing actions and patterns by means of cookies. Please see our cookie policy below for further details.
4.3.
We may employ or make use of Third parties to host or maintain certain sections or features of our website; which third parties may furnish us with certain personal data or aggregated technical data about you.
5.
How your Personal Information is used
5.1.
respond to your enquiries;
5.2.
send you a quote for the requested service/s;
5.3.
verify your identity before we can transact with you;
5.4.
provide you with our services;
5.5.
send you an invoice for the rendered service/s;
5.6.
tailor and improve upon our service to you by analysing relevant trends and patterns;
5.7.
to upload and create relevant and up to date website content; be able to measure or understand the efficacy of the information which we upload; and to use data analytics to improve upon our website, products/services, marketing, customer relationships and user experiences;
5.8.
5.8 provide value added services;
5.9.
invite you to attend events which we may host;
5.10.
add you to our mailing list so that we can send you marketing material (including electronic communications) relating to our services or solutions you might be interested in; surveys or questionnaires and/or requests for feedback related to our service. You can unsubscribe at any time requesting that we cease marketing to you;
5.11.
to manage our the relationship with you as our client, which may include: request to maintain client information and records; notification of changes to our pricing structure, terms and conditions, privacy policy and terms of use on our website; requesting feedback by means of surveys and or questionnaires etc. and compliance with any obligation in law;
5.12.
to administer and protect our business and our website, which may include the need to troubleshoot, run data analyses, testing of and running system maintenance, reporting and hosting of data, compliance with legal or regulatory obligations and establishing, exercising or defending our legal rights.

Change of Purpose


5.13.
We will only use your personal information for the purposes for which it was originally collected, unless we reasonably consider that we need to use it for another reason in keeping with the original purpose. Should we need to use your personal information for any unrelated purpose, we will notify you explaining the legal basis upon which we do so.
5.14.
In carrying out the abovementioned, please note that we may process your personal information without your knowledge or consent, insofar as it is permitted by law.
6.
Disclosed Personal Information

Your privacy and protection of your information is important to us. We will not sell, rent or provide your personal information to unauthorised entities or other third parties for their independent use.


AGCD will not disclose your personal information to anyone except as provided for in this policy.


We require all sub-contractors, agents, affiliates, employees and the like to respect the security of the personal information which we hold and to treat it in accordance with all applicable standards and laws.


6.1.
For marketing purposes, we may disclose or transfer your personal information to our agencies or sub-contractors.
6.2.
In order to provide you with our service, we may need to disclose or transfer your personal information to our suppliers, affiliates, partners or agents. In the course of rendering our service, we will also need to disclose your personal information to any of our employees so that they may do their jobs as effectively as possible. Rest assured, all our employees have been made aware of their obligations under our Terms and Conditions, Privacy Policy and Terms of Use and/or under law. We do not permit any third-party service provider to utilise your personal information for their own purposes and only allow them to process your personal information for specified purposes and in accordance with our instructions.
6.3.
Please note that there may be circumstances whereby we are required by law to disclose your personal information. However, in all other circumstances, you will be notified of any impending disclosure and be afforded an opportunity to object to such disclosure. We also reserve the right to retain your personal information and to process same in order to comply with accounting, tax rules, regulations and any specific record retention laws as set out by SARS or any other governing/statutory entity/body.

Internationally with service providers


6.4.
In utilising service providers who operate internationally (such as Google, Avast, Sage and EmClient) our information systems or those of such service providers may be in different countries, resulting in the transfer of your personal information. As such, your personal information may be held in information systems in another country, which country may have a different level of data protection regulation than South Africa – in which some instances may be less stringent. By giving us your personal information, you acknowledge, understand and consent to this kind of transfer of your personal information to another country whose processes may be less stringent.

Business transfers


6.5.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets with, alternatively with whom we may seek to acquire other businesses or merge with. If a business change occurs, then you acknowledge, understand and agree that the new owners may use your personal information in the same way as set out in this privacy policy.
7.
How Long we Keep your Personal Information for

We will only keep your personal information for as long as is necessary in order to fulfil the purposes for which it was originally collected, and/or for as long as is permitted in law, also taking into consideration the type of personal information held, its sensitivity level and the potential for unauthorised disclosure thereof.


8.
How Your Personal Information is Secured
8.1.
We take all reasonable and appropriate steps to secure your personal information and to ensure that it is treated with the utmost confidentiality and security – example: we safeguard our computers, laptops as well as our cell phones with protection against the unauthorised/unlawful use, accidental loss or destruction thereof. However, we cannot guarantee the absolute security of it. We also run regular secure back-ups of all of our information systems.
8.2.
Any suspected data security breaches will be dealt with accordingly and you, as well as any applicable information regular, will be notified where we are legally required to do so.
8.3.
While AGCD at all times endeavours to ensure the integrity, security and confidentiality of all personal information submitted and/or obtained from a client or website user, it will not be held liable under any circumstances if such information is compromised, disseminated or otherwise disclosed through conduct outside the control of AGCD by means of hacking, infection by “viruses”, “Trojan Horses” or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9.
Inspection

To ensure the integrity and safety to our operating systems, we will inspect all emails, documents, files etc. received so as to check for viruses, malware or ransomware and reserve the right to monitor and inspect all material and information transmitted over our system and/or website. This may include monitoring whether you read emails that are sent to you by means of read receipt requests – however, you have the option to decline this request upon receipt of the email.


10.
Your Rights in Relation to the use of Your Personal Information
10.1.
Subject to certain exceptions, you have certain rights afforded to you in law in relation to the use of your personal information, which includes rights to:
10.1.1.
request access to your personal information held by us;
10.1.2.
request a correction of any inaccurate or incomplete personal information;
10.1.3.
request restriction of processing or object to certain uses of your personal information;
10.1.4.
request that your personal information be destroyed or its use restricted
10.1.5.
withdraw any consents you previously provided.
10.2.
If you have any questions about yours rights, or you would like to exercise any of your rights, please contact our Information Officer by sending an e-mail to info@agcreativedesign.co.za.
10.3.
You have the right to lodge a complaint with the Information Regulator at any time. However, please contact us first as we would appreciate the opportunity to resolve disputes or concerns before you approach the Information Regulator in this regard.
10.4.
In order to process your request for any specific information, we may need further information to verify your identity and safeguard your personal information from access by any unauthorised person/s.
10.5.
We endeavour to respond to all legitimate requests as speedily as possible and will keep you updated on the progress of your request along the way.
10.6.
Although we are entitled to, we will not levy any fees for access to your personal information (or to exercise any of your other rights). However, we reserve the right to levy a reasonable fee if your request is clearly unfounded, repetitive or excessive, alternatively, refuse compliance with any request in these types of circumstances.
11.
Our Cookie Policy
11.1.
As advised, we collect information about how you interact with us via our website, on all platforms; via email and other online platforms, through the use of cookies and/or similar technology.
11.2.
Cookies are text files downloaded to your computer or mobile device when accessing a website or mobile application’ and are widely used in order to improve efficiency and to collect information relating to user preferences or past actions.
11.3.
We only use cookies insofar as they are functionally required in order for our website to function, enhance user experience, and include those necessary for Google Analytics to operate successfully. We do analyse the use of this website to measure the audience and understand how our site is used, but this is de-identifiable data (i.e. We don’t know who you are) – as such your IP address will be anonymized so that you are not identifiable to us as a user. This de-identifiable data is used to optimise our website’s functionality, accessibility, performance and stability; and to ascertain what, in general terms, people are interested in.
11.4.
You have the right to choose whether or not to accept cookies. However, please note that if you do not accept our cookies, you may not continue to use our website or mobile applications.
11.5.
For more information on cookies, visit https://www.kaspersky.com/resource-center/definitions/cookies.
12.
Third Party Links

This website may include links to third-party websites, plug-ins and/or applications. Clicking through on these links or enabling these connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When leaving our website, you are encouraged to read the privacy notice of every website you visit.


13.
Changes to our Privacy Policy

We will endeavour to keep our Privacy Policy as up to date as possible, which updates will be made directly on our website. Our Privacy Policy was last updated on 02 July 2021.


We may change any of these terms at any time - if you have any questions about our terms and conditions, privacy policy and terms of use, please email our Information Officer, Charné Harris, on info@agcreativedesign.co.za