Privacy Policy

INTRODUCTION

Spoor & Fisher, is a partnership in accordance with the laws of the Republic of South Africa, with our head office at 11 Byls Bridge Boulevard, Building No. 14, Highveld Ext 73, Centurion, Gauteng (“We”/”Us”/Our”) respect your personal privacy.

We take Our obligations for the processing of personal information very seriously and We are committed to protecting your privacy. 

This privacy policy together with Our terms of use which can be obtained from Our website  www.spoor.com, governs the manner in which We treat your personal information and/or personal data which We collect from you, or you provide to us.

We respect your privacy, your personal information and your personal data and, for this reason, We take all reasonable measures in accordance with this privacy policy to protect your personal information and personal data and to keep it confidential.

 

YOU AGREE THAT THIS PRIVACY POLICY AND OUR TERMS OF USE GOVERN YOUR USE OF OUR WEBSITE.  ALL DISPUTES OVER PRIVACY AND YOUR DATA SHALL BE GOVERNED AS SET OUT IN THIS PRIVACY POLICY AND IN OUR TERMS OF USE.

The “responsible party”, as referred to in the Protection of Personal Information Act No. 4 of 2013 (“POPI”) is Spoor & Fisher. We have appointed Loraine Mathe as the Information Officer with regards to POPI.Ben Whitchurch, Chief Operations Officer of Spoor & Fisher Jersey, also holds the position of Information Officer concerning the General Data Protection Regulations (“GDPR”).

 

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data and/or information about you:

• Information that you provide when you communicate with us (through correspondence by way of email, telephone or otherwise), or we may also collect Personal Information that you provide to us. For the purpose of this Privacy Policy, the word “personal information” has the meaning given to it under Chapter 1 of POPI.
• Information that you provide by filling in forms on Our website, www.spoor.com. This includes information provided at the time of registering to use Our site, subscribing to Our service, subscribing to our electronic newsletter and IP updates, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Us, and when you report a problem with Our site.
• If you contact Us, We may keep a record of that correspondence.
• We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through Our site and of the fulfilment of your orders.
• Details of your visits to Our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that you access. 

Where you provide us with Personal Information relating to a third party data subject (for example, your company), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such Personal Information with Spoor to process on your behalf. 

You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle Spoor inter alia, to take action against you.

The supply of your Personal Information is voluntary, however you acknowledge that we cannot complete or provide all services to you if you do not wish to supply such Personal Information.

By continuing to use the Website you consent to processing, collection, storage, and use of the Personal Information you provide for any of the purposes set out in this Privacy Policy, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by us. If you do not agree to the Privacy Policy, please do not use the Website.

 

CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS

We may process the following categories of Personal Information about you –

• personal identifiers, such as name; surname; passport or national identity number; etc.; 
• contact details, such as correspondence address; telephone number; email address; etc.;
• client details, such as details of individuals instructing Us; employer details; Personal Information included in any correspondence (including e-mail, telephonic, etc.), documents, evidence or other materials that we Process in the course of providing Our services; meeting details (including attendance; minutes, etc.); etc.;
• consent records, such as details of any consent you may have given Us (including the date and time, manner of consent and any related information);
• financial information, such as billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheque; etc.; and
• data relating to Website visits, such as traffic data; location data; weblogs; your IP address; operating system; browser type; and other communication data.

 

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system, browser type and Internet service provider, for system administration and to report aggregate information to Our advertising agents, advertisers and business partners. This is statistical data about Our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, We may obtain information about your general internet usage by using a “cookie file” which is stored on the hard drive of your computer. “Cookies” refers to information that is sent from Our website to your hard drive where it is saved and contains information to personalise your experience on Our website. In this way, the next time you use Our website, We will know who you are and that you have visited Our website before. They help Us to improve Our site and to deliver a better and more personalised service. They also enable Us:

• To estimate Our audience size and usage pattern.
• To store information about your preferences, and so allow Us to customise Our site according to your individual interests.
• To speed up your searches.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of Our site. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you log on to Our site.

Please note that Our advertisers and business partners may also use cookies, over which We have no control.

 

HOW YOUR INFORMATION IS USED AND DISCLOSED

We use information collected from you or from a third party or held about you in the following ways:

• To ensure that content from Our site is presented in the most effective manner for you and for your computer. 
• To provide Our services.
• To provide professional advice.
• To provide you with information, products or services which We feel may interest you. 
• To keep you updated with changes and developments to intellectual property laws throughout Africa and the Caribbean.
• To carry out Our obligations arising from any contracts entered into between you and Us.

• To respond to any queries you make.
• To allow you to participate in interactive features of Our service.
• To notify you about changes to Our service.
• To maintain Our internal administrative or client relationship management systems, including the use of third party IT outsourced providers.
• To carry out and manage our business operations.
• To carry out legitimate business purposes of or other activities conducted by us from time to time.
• To carry out quality and risk management reviews and legal reporting obligations.
• In aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
• To assist Us in any future dealings with you.

If you are an existing customer, We will contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous transaction with you.

We may also exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may disclose your personal information to any member of Our group. Members of Our group include Spoor & Fisher Jersey and Spoor & Fisher Management (Pty) Limited. We may disclose your personal information to third parties:

• In the event that We sell or buy any business or assets, in which case We may disclose your personal information to the prospective seller or buyer of such business or assets.
• If Spoor & Fisher or substantially all of its assets are acquired by a third party, in which case personal information held by Us will be one of the transferred assets.
• If we are under a duty to disclose or share your personal information in order to comply with any legal obligation.
• In order to enforce or apply Our terms of use or terms and conditions of supply and other agreements.
• To protect the rights, property, or safety of Spoor & Fisher, Our customers, or others.
• To assist Us in providing you with Our service or product.

We will be entitled to disclose your Personal Information to those of our affiliates, agents, advisors, employees and/or third party service providers and suppliers who assist us to interact with you via the Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information. 

On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests. 

We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this privacy policy, or protect the rights, property, or our personal safety or the personal safety of our users or the general public. 

We do not exercise control over third party’s privacy policies and you should refer to the privacy policy of any such third party to establish how such third party protects your privacy.

 

PROTECTION OF YOUR PERSONAL INFORMATION

We are committed to protecting the Personal Information you provide in a variety of ways. We will:

• treat your Personal Information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; 
• provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.

You agree that We shall be entitled to retain your personal information for as long as it is necessary and to fulfil the purposes explicitly set out in this policy. You agree that We shall however be entitled to extend the period for which Personal Information is retained (i) if this is required or authorised by law, (ii) We reasonably requires the information for a longer period for lawful purposes related to its activities or functions, (iii) this is required by any contract between the parties, or (iv) for statistical or research purposes (subject to appropriate safeguards).

 

STORAGE OF YOUR PERSONAL INFORMATION

All information you provide to Us is stored on Our secure servers. Any payment transactions will be encrypted. Where We have given you (or where you have chosen) a password which enables you to access certain parts of Our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal information, We cannot guarantee the security of your information transmitted to Our site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

 

CROSS BORDER TRANSFER

The data and/or information which We collect from you may be transferred to, and stored at, a destination outside the Republic of South Africa (“RSA”). It may also be processed by staff operating outside the RSA who work for Us or for one of our affiliates or associates. By submitting your personal data and/or information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data and/or information is treated securely and in accordance with this privacy policy. 

We will not transfer the data and/or information We collect from you and  to a third party outside of the Republic of South Africa unless the third party who is subject to a law, binding corporate rules (as defined in POPI and GDPR) or binding agreement (as defined in POPI and GDPR) which provides an adequate level of protection that is in accordance with this policy and includes provisions that are substantially similar to what is contained in this privacy policy to the further transfer of your data and/or information; you have consented to the transfer; or the transfer is necessary for the performance of a contract between us or for the execution of our mandate.

 

YOUR RIGHTS

You have the right to object to the processing of your personal information.

You have the right to access your Personal Information which we collect from you, including to correct factual errors, review and/or update information.

Such request can be made by sending an email to Us at data.officer@spoor.com. 

Any access request may be subject to a fee to meet Our costs in providing you with details of the information We hold about you.

Should you believe that S&F has processed your personal information contrary to legislation in South Africa as read with this privacy policy, you undertake to first attempt to resolve any concerns by addressing a complaint in writing to the Information Officer. If you are not satisfied with the outcome of such process, you have the right to lodge a complaint with the Information Regulator.

Information Officer: Loraine Mathe

Email: data.officer@spoor.com 

Spoor & Fisher, 11 Byls Bridge Boulevard, Building No. 14, Highveld Ext 73, Centurion, Pretoria, 0157, South Africa

The Information Regulator (South Africa)

Email: POPIAComplaints@inforegulator.org.za

JD House, 27 Siemens Street, Braamfontein, Johannesburg, 2001

 

LINKS to OTHER WEBSITES

Our site may, from time to time, contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. We do not exercise control over third party’s privacy policies and you should refer to the privacy policy of any such third party to establish how such third party protects your privacy before you submit any personal information to these websites. 

 

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time, and in our sole discretion. We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes. Your continued use of the Website after any change in this Privacy Policy will constitute your acceptance of such changes.

 

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the Information Officer, P O Box 454, Pretoria, 0001; Tel: +27 12 676 11111;  Fax: +27 676 1100;  Email: data.officer@spoor.com with “Privacy Policy” in the subject line.

 

APPLICABLE LAW

This privacy policy will be governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African Courts for any dispute which may arise out of this privacy policy.

 

COPYRIGHT WARNING

The Copyright Act, 1978, governs the making or printing of copies or other reproductions of the content of Our Website. No part of Our Website nor any content contained on Our Website may be copied or reproduced in whole or in part without the prior written consent of Spoor & Fisher.  All rights are reserved.