Protection of Personal Information Act Privacy Policy
Privacy Policy
By accessing and using our services and/or our website, the User is providing his/her express and voluntary consent to the processing of their personal information by the company on the basis set out in this Privacy Policy. If the User does not consent, the User must immediately stop accessing and/or using this website and/or our services. Modules Hydraulics CC is trading as Hydraulics online, and is herin after referred to as Hydraulics Online
1. Introduction
1.1 Hydraulics online collects, uses, and in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
1.2 Hydraulics Online respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
1.3 The purpose of this Privacy Policy is to provide Users with information about the information processing activities of Hydraulics Online and the manner in which their rights are protected.
1.4 This Privacy Policy shall serve as a notification to Users about Hydraulics Online processing activities which will remain valid for as long as one has an active account with or is using the services of Hydraulics Online, including the browsing of our website. Users will not be notified separately on each occasion that Hydraulics Online processes the same personal information in the same way over the period.
1.5 Hydraulics Online may amend the provisions of this Privacy Policy to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication. The amendments will also be made to the Privacy Policy which will also be available at the physical address of Hydraulics Online, being 39 Heidelberg Avenue, Unit 2, Newmarket Commercial Park, Newmarket, Alberton.
1.6 This Privacy Policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.
1.7 The provisions of this Privacy Policy are, as far as possible, incorporated into any agreement between Hydraulics Online and Users.
2. Definitions and Interpretation
2.1 In this Privacy Policy, the following words bear the following meanings:
2.1.1 “consent” means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information.
2.1.2 “direct marketing” means to approach a data subject, either in person or by telephone or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject.
2.1.3 “information officer” means the Information Officer of Hydraulics Online.
2.1.4 “operator” means an outside third party who processes personal information for or on behalf of Hydraulics Online in terms of a contract or mandate.
2.1.5 “PAIA” means the Promotion of Access to Information Act 2 of 2000.
2.1.6 “personal information” means any information linked to a User or information that can identify a User, including but not limited to:
2.1.6.1 information relating to a User’s gender, nationality, ethnic or social origin, age and language;
2.1.6.2 a User’s e-mail address, physical address, telephone number, location information or online identifier;
2.1.6.3 a User’s financial information including banking details and invoice information;
2.1.6.4 a User’s personal opinions, views or preferences;
2.1.6.5 correspondence sent by a User which is of a private or confidential nature;
2.1.6.6 the User’s special personal information, including without limitation, information about a User’s health; and
2.1.6.7 the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
2.1.7 “POPIA” means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it.
2.1.8 “process” or “processing” means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
2.1.8.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
2.1.8.2 dissemination by means of transmission, distribution or making available in any other form; or
2.1.8.3 merging, linking, as well as restriction, degradation, erasure or destruction of that information.
2.1.9 “special personal information” means the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or any biometric information of a User, and may include criminal behaviour of a User to the extent that such data relates to the alleged commission of the User of an offence or any proceedings in respect of any offence allegedly committed by a User or the disposal of such proceedings. 2.1.10 “services” means the services provided to any User by Hydraulics Online.
2.1.11 “User” means a visitor or User of this website and/or our services, or any of the content or services associated with this website. And
2.1.12 “the website” means the website or application or any part thereof.
2.2 Any reference in this Privacy Policy to:
2.2.1 the singular includes the plural and the other way around;
2.2.2 any one gender includes the other genders, as the case may be;
2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
2.3 When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
2.4 The word “include” means “include without limitation”. Use of the word “include” or “in particular” is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
2.5 A requirement that any Policy, request, demand or other communication made in terms of this Privacy Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference, provided that this Policy may not be amended as such.
3 Responsible Party
3.1 Hydraulics Online will be the party who will be collecting and processing a User’s personal information and as such is designated as the “responsible party” for the purposes of this Policy.
3.2 Hydraulics Online’s contact details are as follows:
3.2.1 Email: Donavan@modulesh.co.za
3.2.2 Telephone: 010 045 3641
3.3 Hydraulics Online may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.
4 What Personal Information is Collected
4.1 Purposes for the collection of personal information, may include the following:
4.1.1 Personal information – such as your name, date of birth, home language, address, account information and email address.
4.1.2 Your contact with us – such as a note or recording of a call you make to our call centre, an email you send to us or other records of any contact you have with us.
4.1.3 Account information – such as product type, dates of payment owed and received, or any other information related to your account.
4.1.4 Financial information – such as bank account details for debit orders.
4.2 The supply of personal information by the User to Hydraulics Online is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing Hydraulics Online from concluding or performing any contract with the User, or preventing Hydraulics Online from complying with one or more of its obligations in law.
4.3 There are certain laws which require or authorise Hydraulics Online to collect a User’s personal information.
5 Purpose/s for Collection and Processing of Personal Information
5.1 Hydraulics Online shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of Hydraulics Online’s business.
5.2 Such purposes may include the following:
5.2.1 to enter into a contract with a User;
5.2.2 to perform any obligations under a contract with a User;
5.2.3 to comply with a legal obligation;
5.2.4 to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.5 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.6 to process personal information for direct marketing purposes (only if the User has consented to receiving any direct marketing material);
5.2.7 to customise and display content to the User in a way that Hydraulics Online feels may interest the User or be most beneficial to them;
5.2.8 to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by Hydraulics Online with such content;
5.2.9 to notify the User about changes to the website or services.
5.3 If Hydraulics Online intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
5.4 Hydraulics Online will not sell a User’s personal information to any third party without the prior written consent of the User.
6 Collection Directly from User
6.1 Hydraulics Online shall, as far as possible, collect personal information about a User directly from the User, except in the following circumstances:
6.1.1 where personal information is available in a public record;
6.1.2 where the User has given their written consent to Hydraulics Online to collect their information from another source;
6.1.3 where it is more practicable to collect the information from another source;
6.1.4 where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
6.1.5 where the collection of personal information from another source is necessary to maintain Hydraulics Online’s legitimate interests or those of any third party it intends sharing the information with;
6.1.6 where the collection of personal information directly from the User would prejudice the purpose for the collection;
6.1.7 where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
6.2 If Hydraulics Online collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
6.3 Hydraulics Online may use Cookies on this website:
6.3.1 through the use of an iOS or Android application;
6.3.2 through the use of the service via a computer or mobile browser;
6.3.3 when requesting further services or information from Hydraulics Online;
6.3.4 when contacting Hydraulics Online to report a problem with the website or the
services or for any other reason;
6.3.5 when completing any forms on the website.
6.4 The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and Hydraulics Online is entitled to copy, distribute or otherwise use such information without limitation.
7 Cookies
7.1 “Cookies” are small text files transferred by a web server to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
7.2 Hydraulics Online may use Cookies on the website to:
7.2.1 distinguish one User from another on the website;
7.2.2 remember the User’s last session when they return to the website;
7.2.3 estimate the website’s audience size and usage patterns;
7.2.4 store information about the User’s preferences, which allows Hydraulics Online to customise the website and content according to the Users individual preferences; and
7.2.5 speed up searches on the website.
7.3 The provisions of this clause are only applicable to Cookies used by Hydraulics Online. In some instances, third-party service providers may use Cookies on the website. Hydraulics Online cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefore.
7.4 The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.
8 General Conditions for Processing Personal Information
8.1 Hydraulics Online shall comply with all laws, contracts or regulations when it processes a User’s personal information.
8.2 Hydraulics Online shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
8.3 Hydraulics Online shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
8.4 Similarly, if Hydraulics Online needs to process personal information but there are less privacy invasive methods of collecting, using and sharing that information, then it will use those methods.
8.5 Hydraulics Online shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
8.6 If there are any alternative ways to achieve the identified purpose/s without processing personal information, Hydraulics Online shall not process that personal information.
8.7 Hydraulics Online shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
8.8 Hydraulics Online shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
8.9 Hydraulics Online shall be entitled to store the personal information of Users indefinitely unless the User objects thereto. In the event a User objects to the indefinite storage, once Hydraulics Online has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or Hydraulics Online is required by law to retain the information for a longer period of time.
8.10 If Hydraulics Online no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
9 Disclosure and Sharing of Personal Information
9.1 Hydraulics Online may, during the course of providing any content or services on the website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of Hydraulics Online.
9.2 The User will always be notified of the information shared and the categories of third party operators with whom it is shared, prior to the information being shared. Notwithstanding the aforegoing, the User consent to us sharing the User’s personal information with the following operators:
9.2.1 Partners or agents involved in delivering the products and services to the User.
9.2.2 Law enforcement agencies, regulatory organisations, courts or other public authorities if Hydraulics Online must or are authorised to by law.
9.2.3 Hydraulics Online will release information if it’s reasonable for the purpose of protecting it against fraud, defending its rights or property, or to protect the interests of its Users.
9.2.4 If Hydraulics Online is re-organised or sold to another organisation, it may transfer any personal information it holds about the User to that organisation.
9.3 Hydraulics Online may also share aggregated information about Users of the website and their usage patterns. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
9.4 Other than as stated in clause 9.1 and 9.3, Hydraulics Online shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.
10 User’s Rights in Relation to the Processing of their Personal Information
10.1 Users shall have the following rights in relation to the processing of their personal information:
10.1.1 to access and correct any personal information held by Hydraulics Online about them;
10.1.2 to object to the processing of their information; and
10.1.3 to lodge a complaint with the Information Regulator. Users may make a request in terms of this clause by following the process for making such a request as set out in Hydraulics Online’s PAIA manual.
11 Further Processing
11.1 Hydraulics Online shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
11.1.1 where the User has consented to such further processing;
11.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfilment of any obligations between Hydraulics Online and the User;
11.1.3 where the further processing activities are linked to or compatible with the original purpose;
11.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
11.1.5 where the further processing is necessary to enforce any law;
11.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
11.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
11.1.8 where the further processing is necessary for historical, statistical or research purposes.
11.2 Hydraulics Online shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.
12 Accuracy, Correctness and Completeness of Personal Information
12.1 Hydraulics Online shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
12.2 However, if a User is aware of any personal information in Hydraulics Online’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to Hydraulics Online’s Information Officer at laurel@modulesh.co.za to update or correct the relevant information.
12.3 If a User has contested the accuracy of any personal information being used by Hydraulics Online, it shall immediately stop using that information until its accuracy has been verified if it is reasonably practicable to do so.
12.4 Hydraulics Online reserves its right to only adhere to a request from a User in terms of clause
12.2, if the correction or updating of that information will result in the personal information being correct and accurate.
13 Security Safeguards
13.1 Hydraulics Online is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
13.2 Hydraulics Online takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
13.3 Hydraulics Online shall ensure that in any contracts entered into with third party operators who process personal information on the behalf of Hydraulics Online, include the following obligations:
13.3.1 the operator shall not process any personal information without Hydraulics Online’s knowledge and authority;
13.3.2 the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
13.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by Hydraulics Online;
13.3.4 the operator shall notify Hydraulics Online immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
13.3.5 if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
13.3.6 if an operator is legally obliged to disclose any personal information processed by them on the behalf of Hydraulics Online to other parties, it must notify Hydraulics Online beforehand to enable Hydraulics Online and/or individual Users to protect their rights if necessary.
13.4 Hydraulics Online shall ensure that all personal information on its systems is properly backedup and that back-up copies are stored separately from the live files.
14 Notification of Breach of Security
14.1 If personal information about a User is inadvertently leaked or Hydraulics Online’s security has been unlawfully breached by any unauthorised party, Hydraulics Online shall immediately identify the relevant Users who may be affected by the security breach and shall contact them at their last known email address or contact details or by the quickest means possible.
14.2 Hydraulics Online shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.
15 Cross Border Transfers of Personal Information
15.1 The User consents that personal information (including special personal information) may be transferred transborder, even to countries without data protection laws similar to those of South Africa, for storage purposes, or if it is in Hydraulics Online’s legitimate interests or those of a third party to do so.
16 Retention of Information
16.1 The User consents that Hydraulics Online may keep record of his/her personal information for an indefinite period of time, unless the User objects. In such case Hydraulics Online will only keep such records if it is lawfully entitled or obliged to do so.
17 Returning, Destroying or Deleting Personal Information
17.1 Where Hydraulics Online is no longer authorised to retain a record of any personal information, it shall either:
17.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
17.1.2 return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
18 Consent
18.1 The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Policy.
18.2 The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Policy, in particular, regarding the following:
18.2.1 the types of personal information to be processed, including specifically special personal information;
18.2.2 the specific processing activities to be undertaken;
18.2.3 the specific purpose/s for such processing; and
18.2.4 the possible consequences for the User that may arise from such processing.
18.3 Should a User wish to withdraw any consent previously given by the User, they must notify Hydraulics Online’s information officer in writing.
19 Lodging an Objection
19.1 A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
19.2 If a User wishes to object to the processing of their personal information, they should contact Hydraulics Online’s information officer in writing and provide reasons for doing so. Users may use the process and forms contained within Hydraulics Online’s PAIA manual available at the physical address of Hydraulics Online, being 39 Heidelberg Avenue, Unit 2, Newmarket Commercial Park, Newmarket, Alberton.
20 Choice of Law
20.1 This Privacy Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
21 Amendment of this Privacy Policy
21.1 Hydraulics Online reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on The website and amendment to the Privacy Policy.
21.2 It is the User’s obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.
21.3 The User’s continued use of the website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered confirmation of the User’s acceptance to abide by and be bound by this Privacy Policy, as amended.
Contact
For more information on your rights to privacy over your information, or the information processing activities of Hydraulics Online, please do not hesitate to contact us directly at Donavan@modulesh.co.za.